Decree And Its Essential Elements I Section 2 of the CPC I Civil Procedure Code 1908

In this video we will dealing with the term "decree" under Section 2 sub-clause 2 of the CPC.

Section 2 sub-clause 2 of the CPC defines the term "decree" as follows-

"Decree' means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the par ties with regard to all or any of the matters 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.

Thus an order will be called decree if the following essential elements are satisfied. These are:

1. There must be an adjudication.

"Adjudication" means judicial determination of the matter in dispute between the parties to a suit.

In Chandi Prasad V. Jagadish Prasad, it was held that if there is no judicial determination of a suit then it would not be called a "decree"

2. Adjudication should be done in a "suit" between the parties.

3. The suit must filed to determine the the rights of the parties with respect to subject matter.

The word "right" here means a substantive right and not procedural right.

4. The determination of rights must be final and conclusive in nature.

5. There must be formal expression of an adjudication.

Thus, if these essential elements are satisfied, then such order would be called "decree" under CPC