LawCivil Lawbasic
Decree
/dɪˈkriː/
Civil Procedure Term
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Definition
Formal expression of adjudication conclusively determining rights of parties — CPC Section 2(2).
Jurisdiction: InternationalEtymology
From English procedural law adapted for India through the Code of Civil Procedure, 1908 and Code of Criminal Procedure, 1973.
Examples
In a partition suit, a preliminary decree declares each party's share; a final decree distributes specific properties to each party.
In a mortgage suit, the court passes a preliminary decree directing payment; if not paid, a final decree orders the sale of the mortgaged property.
Case Study
In Shamsher Singh v. Rajinder Prashad (1973), the Supreme Court distinguished decrees from orders for appeal purposes — only decrees (and deemed decrees) can be appealed under Section 96 CPC; orders are appealed under Section 104 or through revision.
Key Cases
Shamsher Singh v. Rajinder Prashad
1973AIR 1973 SC 2384
Distinguished decree from order. A decision conclusively determining rights of parties regarding matters in controversy is a decree, appealable under Section 96 CPC.
View on Indian Kanoon →Also Known As
judicial decreecourt order
Synonyms
legal termlegal conceptjudicial termlaw term
Antonyms / Opposites
orderinterim direction
Related Terms
judgmentorderexecutionSection 2(2) CPCpreliminary decreefinal decreeappeal