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Decree

As per sec 2(2) of the Code of Civil Procedure, a “decree” is a formal adjudication’s expression that conclusively recognizes the parties’ rights with regard to all or some of the issues in the matter and may be either preliminary or final.

A decree must contain the following:

  1. Rejection of a plaint.
  2. Any dispute arising under Section 144 of the Code.

A decree must contain a formal statement of adjudication: A decree must contain a formal expression of adjudication. In other words, the court must declare its decision officially in the way prescribed by law.

Different Types of DecreesAccording to the Civil Procedure Code, there are three distinct sorts of decrees. They are as follows:

Preliminary Decree:
It is issued in cases where the court must first assess the parties’ rights and additional actions are required before the suit may be totally dismissed.

Final Decree:
A final decree is issued when a lawsuit is totally resolved and all issues in dispute between the parties have been resolved.
A decree may be conclusive in one of these ways:

  1. If no appeal is lodged within the specified time period against the decree,
  2. Where the subject has been determined by the highest court by decree.
  3. Where the decree terminated the matter totally.

Partially preliminary and partially final decree:
A decree is considered to be partially preliminary or partially final if it just establishes the parties’ rights and leaves the remainder of the issues to be resolved in subsequent processes.

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