concept of Decree and Order under Code of Civil Procedure
Concept of Decree and Order under Code of Civil Procedure Decree:- Section 2(2) of the Civil Procedure Code,1908 define the term “Decree” as 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. Essential elements of a Decree : -The important/essential elements of a decree are ----- 1. There must be formal expression of an adjudication. 2. There must be adjudication of the rights of the parties with regards to the dispute. 3. It must conclusively determine the rights of the parti...