Decree In CPC
1. Definition of Decree
Section 2(2), CPC:
A decree is the formal expression of an adjudication by a court which conclusively determines the rights of the parties regarding the matter in dispute, and may be executable or not executable.
Key Points:
It must be passed by a competent civil court.
It must conclusively determine the rights of the parties.
It can be either preliminary or final in nature.
2. Essential Features of a Decree
Pronounced by a Civil Court:
Only a court having jurisdiction under CPC can pass a decree.
Conclusive Determination:
The decree finally decides the rights of the parties in the suit.
Relates to Reliefs:
A decree grants relief, such as recovery of money, possession, injunctions, or declaration.
Formal Expression:
The decree is officially recorded in the court as a judgment.
Executable:
Most decrees can be executed under the provisions of CPC (Order XXI).
3. Types of Decrees
A. On the Basis of Relief Granted
Money Decree:
A decree directing a party to pay a sum of money.
Recovery of Property Decree:
A decree for possession of immovable or movable property.
Declaratory Decree:
A decree that declares the rights of parties without ordering enforcement.
Permanent Injunction Decree:
A decree restraining a party from doing a particular act permanently.
Mandatory Decree:
A decree directing a party to perform a specific act.
B. On the Basis of Nature of Suit
Preliminary Decree:
Decides the main issues but requires further proceedings for final relief.
Example: Partition suit where the court declares shares but the actual division is done later.
Final Decree:
Settles the entire rights of the parties and leaves no further issues to be decided.
4. Distinction Between Decree and Judgment
| Decree | Judgment |
|---|---|
| Formal expression of conclusive decision on rights. | Reasoning of the court explaining how the decision is reached. |
| Grants relief or orders execution. | May or may not grant relief. |
| Executable under CPC (Order XXI). | Not executable on its own. |
| Example: Directing defendant to pay ₹1 lakh. | Explanation why defendant is liable to pay ₹1 lakh. |
5. Who Can Pass a Decree?
Civil courts having jurisdiction as per CPC.
Courts exercising original or appellate jurisdiction.
6. Execution of Decree
Decrees are generally enforceable under Order XXI CPC.
Modes of Execution:
Attachment of property
Delivery of property
Arrest and detention (for money decrees in certain cases)
Appointment of receiver
7. Important Points
A mere opinion or direction without conclusively determining rights is not a decree.
Decrees are appealable under Section 96 CPC unless otherwise barred.
A decree may be partly preliminary and partly final.
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