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Decree

/dɪˈkriː/

Civil Procedure Term

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Definition

The formal expression of the adjudication by a civil court that definitively determines the rights of the parties regarding the matters in controversy. Defined under Section 2(2) CPC, 1908. A decree may be preliminary (determining rights but leaving some aspect for further inquiry) or final (completely disposing of the suit). Distinct from a judgment (court's reasoning) and an order (decision other than a decree).

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

1973

AIR 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.

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Also Known As

judicial decreecourt order

Synonyms

court judgmentjudicial ordercourt rulingfinal order

Antonyms / Opposites

orderinterim direction

Related Terms

judgmentorderexecutionSection 2(2) CPCpreliminary decreefinal decreeappeal

Dictionary Entry

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