ELEMENTS OF A DECREE

The essential elements of a "decree" are as follows1:

(i) There must be an adjudication.

(ii) The adjudication must have been given in a suit.

(iii) It must have determined the rights of the parties with regard to all or any of the matters in
controversy in suit.

(iv) Such determination must be a conclusive determination.

(v) There must be a formal expression of the adjudication. 2.

The definition of decree must be taken along with the provisions of the Code regarding the stage
at which a decree may be prepared, and it is not every finding that will amount to a decree even
though it may conclusively determine the rights of the parties with regard to some of the matters
in controversy in the suit.

The term "parties" means parties to the suit, i.e., the plaintiff and defendant. Thus, an order on an
application by a third party, who is stranger to a suit, is not a decree.

The expression "matter in controversy" refers to the subject-matter of the suit with reference to
which relief is sought. It should not be understood that the 'matter in controversy' solely relates to
the merits of the suit. Therefore, any adjudication which conclusively determines the rights of the
parties with regard to any of the matters in controversy in the suit, is a decree within the meaning
of section 2(2) of the Civil Procedure Code and an appeal lies against it under section 96 of the
Civil Procedure Code.

1
Civil Procedure Code 1908, § 2(2),,Mst. Chauli v. Mst. Meghoo, MANU/UP/0069/1944 : AIR 1945 All 268
2
S. Satnam Singh v. Surender Kaur, MANU/SC/8431/2008 : AIR 2009 SC 1089.
The expression "matters in controversy" includes matters which though they are common ground
must have been actually decided if any question had arisen and which are the foundation of the
whole determination3.

Conclusive determination.

The conclusive determination, in order to amount to a decree must be on matters in controversy

in the suit. The determination must be final and conclusive as regards to the court which passes
it. Thus, an interlocutory order which does not decide the rights of the parties finally is not a
decree. 'Decree' should suggest in essence and substance, a decision which is final and
conclusive not that the question sought to be adjudicated is left open. The order cannot be held to
be an adjudication which conclusively determines the rights of the parties with regard to any of
the matters in controversy in the suit4.

A decree is said to be nullity if it passed by a court having no inherent jurisdiction. Merely

because a court erroneously passed a decree or there is an error while passing the decree, the
decree cannot be called a nullity. The decree to be called a nullity is to be understood in the sense
that it is ultra vires the powers of the court passing the decree and not merely voidable decree.5

Types of Decree

(1) Preliminary Decree

An adjudication that finally decides the right of parties but does not completely dispose of the
suit is a preliminary decree6. So, in preliminary decree, certain rights are conclusively
determined and unless the preliminary decree is challenged in appeal, the rights so determined
become final and conclusive and cannot be questioned in the final decree.7 Suit for possession
and mesne profits, suits for pre-emption, suit for dissolution of partnership between principal and
agent, for foreclosure of mortgage, etc., are examples where courts can pass preliminary decree.
There is nothing in the civil code which prohibits passing of more than one preliminary decree, if

3
Ummed Mal v. Kundanmal, MANU/RH/0045/1981 : AIR 1981 Raj 202.
4
Goppupeddi Reddi v. Gopu T. Reddy, AIR 1991 AP 362.
5
Sardar Pritam Singh v. Addl. District Judge, Mathura, 1995 All CJ 971
6
Venkata Reddy v. Pethi Reddy, AIR 1963 SC 993.
7
Parvathamma v. A. Muniyappa, MANU/KA/0062/1997 : AIR 1997 Kant 370: 1997 (4) Kant LJ 95.
circumstances justify the same and it may be necessary to do so, but what we are saying must be
confined to partition suits.8

"Where any party aggrieved by a preliminary decree passed after the commencement of this
Code does not appeal from such decree, he shall be precluded from disputing its correctness in
any appeal which may be preferred from the final decree."

The object of section 97 is to prevent preliminary questions being raised in the form of appeal
after a case has been decided on merits. Since the passing of a preliminary decree is only a stage
prior to passing of a final decree, if an appeal preferred against a preliminary decree succeeds,
the final decree automatically falls to the grounds for there is no preliminary decree in support of
it.

(2) Final Decree

A decree may be said to be final in three ways:

(i) when no appeal is filed within the prescribed period; or

(ii) the matter has been decided by the decree of the highest court; and

(iii) when the decree, so far as regards the Court passing it, completely disposes of the suit.

The final decree merely carries into fulfilment of the preliminary decree9. Where an appeal
against a preliminary decree is not filed the rights determined therein become final and
conclusive and the same cannot be questioned in the final decree.10

A final decree is one which completely disposes of a suit and finally settles all questions in
controversy between parties and nothing remains to be decided thereafter. While the preliminary
decree ascertains what is to be done, the final decree states the results achieved by means of the
preliminary decree.

Ordinarily, there will be only one final decree in a suit. However, where two or more causes-of-
action are joined to, there can be more than one final decree.

8
Phoolchand v. Gopal Lal, MANU/SC/0284/1967 : AIR 1967 SC 1470: (1967) 3 SCR 153.
9
S. Balwant Lokhande v. Chandrakant Shankar Lokhande, MANU/SC/0243/1995 : (1995) 3 SCC 413.
10
Parvathamma v. A. Muniyappa, MANU/KA/0062/1997 : AIR 1997 Kant 370: 1997 (4) Kant LJ 95.
The distinction between preliminary and final decree is this: a preliminary decree merely
declares the rights and shares of the parties and leaves room for some further inquiry to be held
and conducted pursuant to the directions made in the preliminary decree which inquiry having
been conducted and the rights of the parties finally determined a decree is incorporating such
determination needs to be drawn up which is the final decree.11

The explanation to section 2(2) of the Civil Procedure Code, 1908 makes it clear that a decree is
preliminary when further proceedings have to be taken before the suit can be completely
disposed of.12 It is final when such adjudication completely disposes of the suit. A decree may be
partly preliminary and partly final.

(3) 'Partly Preliminary' and 'Partly Final' Decree

A decree inheriting characteristics of partly preliminary and partly final is passed in suits as for
possession of land and mesne profits, the court orders possession of the land in suit in favour of
the plaintiff, and directs enquiry regarding the profits. The first portion of the decree is final as it
directs the delivery of possession to the plaintiff, while the second portion is preliminary in as
much as it directs an enquiry as to mesne profits.

The definition of 'decree' as provided under section 2(2) of the Civil Procedure Code, 1908
specifically provides that rejection of a plaint shall be deemed to be a 'decree'. Such adjudication
is, therefore, appealable as a decree.13

The decree shall agree with the judgement, it shall contain the number of the suit te name and
description of the parties, there registered address, and particulars of the claim and shall specify
clearly the relief granted or other determination of the suit. The decree shall also state that the
amount of cost incurred in the suit, and by whom or out of what property and in what proposition
such cost are to be paid. The court may direct that the cost payable to one party by the other
shall be set of against any sum which is admitted or found to be due from the former to the
latter.14

11
Renu Devi v. Mahendra Singh, MANU/SC/0112/2003 : (2003) 10 SCC 200: AIR 2003 SC 1608.
12
Rachakonda V. Rao v. R. Satya Bai, AIR 2003 SC 3322.
13
Puranmasi Yadav v. Narbadeshwar Tripathi, AIR 1998 All 260:1998 (2) AWC 831.
14
Ibid.
 INTRODUCTION

The adjudications of a court of law may be divided into two clauses (1) decree & (2) order.
Section 2(2) of the code define term “decree” in following words; “Decree means the formal
expression of an adjudication which, so far as regards the court expressing it, conclusively
determines the rights of the parties with regard to all or any of the matter in controversy in the
suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint
and the determination of any question within section 144, but shall not include; (a) any
adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal
for default. Explanation – A decree is preliminary when further proceedings have to be taken
before the suit can be completely disposed of. It is final when such adjudication completely
disposed of the suit. It may be partly preliminary and partly final.” For a decision of a court to be
a decree, there must be an adjudication, i.e. a judicial determination of the matter in dispute. If
there is no judicial determination of any matter in dispute, it is not a decree. Thus, a decision on a
matter of an administrative nature, or an order dismissing a suit for default of appearance of
parties or dismissing an appeal for want of prosecution cannot be termed as a decree inasmuch as
it does not judicially deal with the matter in dispute. Further, such judicial decision determination
be by a court. Thus, an order passed by an officer who is not a court is not a decree.

AIMS AND OBJECTIVES

 To study the facts of the case S Satnam Singh v. Surinder Kaur.

 To study the ratio of the same case.
 To study the elements of a decree and landmark judgments in connection to the same.
 CONCLUSION

The meaning and content of decree can easily understand by above chapter and I have also taken
some of the judicial decision for example in this topic as without proper example it is not
possible to complete the project. I have also taken one decree for the reference in this project.
This make project very clear about the topic and what decree and clears all the doubts from the
mind of general people. The adjudications of a court of law may be divided into two clauses (1)
decree & (2) order. Section 2(2) of the code define term “decree” in following words; “Decree
means the formal expression of an adjudication which, so far as regards the court expressing it,
conclusively determines the rights of the parties with regard to all or any of the matter in
controversy in the suit and may be either preliminary or final. It shall be deemed to include the
rejection of a plaint and the determination of any question within section 144, but shall not
include; (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any
order of dismissal for default. Explanation – A decree is preliminary when further proceedings
have to be taken before the suit can be completely disposed of. It is final when such adjudication
completely disposed of the suit. It may be partly preliminary and partly final.” For a decision of a
court to be a decree, there must be an adjudication, i.e. a judicial determination of the matter in
dispute. If there is no judicial determination of any matter in dispute, it is not a decree. Thus, a
decision on a matter of an administrative nature, or an order dismissing a suit for default of
appearance of parties or dismissing an appeal for want of prosecution cannot be termed as a
decree inasmuch as it does not judicially deal with the matter in dispute. Further, such judicial
decision determination be by a court. Thus, an order passed by an officer who is not a court is
not a decree.