A decree is an important part of civil procedure. It is defined in Section 2(2) of the Code of Civil Procedure, 1908. To put it simply, a decree is a formal declaration made by the court after judgment. While a judgment gives the reasoning, the decree contains the formal and final decision of the case. Once a decree is passed, the rights of the parties are clearly decided and the case comes to an end.
Meaning and Nature of a Decree
A decree always follows a judgment and is based on it. It is the formal conclusion of a suit and is binding on the parties involved. A decree may be preliminary, final, or partly preliminary and partly final. In some cases, an order may also accompany a decree. Unlike a judgment which is complete in itself, a decree is a formal outcome that determines the rights and liabilities of the parties with respect to the issues in dispute.
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Deemed Decree
The law also recognizes the concept of a deemed decree. This includes the rejection of a plaint and questions under Section 144 of the Code. However, it does not cover adjudications from which an appeal lies as an appeal from an order, or dismissal of suits for default.
Types of Decrees
The Code of Civil Procedure divides decrees into three categories:
- Preliminary Decree
A preliminary decree is passed when the rights of the parties are decided but further proceedings are required before the case is fully disposed of. For example, in property disputes or partition suits, the rights are declared first and then steps like division or accounting are taken later.
- Final Decree
A final decree is the complete and conclusive decision of the case. It leaves nothing further to be decided and brings the proceedings to an end.
- Partly Preliminary and Partly Final Decree
In some cases, a single decree may contain both final and preliminary aspects. For example, if the court grants possession of property to one party (final) but also directs an inquiry into some other issue (preliminary), the decree is partly preliminary and partly final.
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Importance of a Decree
Passing a decree is a mandatory step in every civil suit. Without a decree, there can be no appeal, as appeals lie only against decrees and not against judgments. This makes a decree an essential part of the legal process and the final outcome of any case.
Contents of a Decree
A decree must always follow the judgment and include certain essential details:
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Case number of the suit |
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Names, addresses, and description of the parties |
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Claims and defenses raised by the parties |
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Relief granted by the court |
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Costs incurred and by whom they are to be paid |
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Date of the judgment |
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Signature of the judge |
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These elements make the decree valid and enforceable. |
Drawing up of a Decree
According to Order XX Rule 6A of the Code, a decree should be drawn up within 15 days of the judgment. Even if the decree is not drawn within this time, an appeal can still be filed, but the decree must eventually be prepared.
Decrees in Special Cases
In some types of cases, decrees have special requirements:
Property disputes: A decree must clearly describe the property so that it can be identified.
Money decrees: The decree should state the exact amount payable and may allow payment in installments.
Specific performance: In contracts for sale or lease of property, the decree must specify the time within which payment should be made.
Partnership suits: The court may first pass a preliminary decree declaring the shares and directing accounts before passing a final decree.
Partition suits: The decree declares the rights of parties and directs partition to be carried out, sometimes requiring further inquiry before a final decree is made.
Counterclaims: If a defendant raises a counterclaim, the decree must show the amounts due to both plaintiff and defendant.
Conclusion
A decree is the backbone of civil procedure as it is the formal and conclusive expression of the court’s decision. While judgments provide the reasoning, decrees provide the enforceable outcome. They not only settle disputes but also act as the basis for appeals. Understanding decrees, their types, contents, and special applications helps in grasping how civil justice is delivered in practice.
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