What is a Decree? By Shadan Seraj At LEXCLIQ

Occasion of a court may be divided into two classes:

1) Decree,
2) Orders.
Decree means the formal expression of an adjucation which so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all the matters in controversy in this suit and may be either preliminary aur 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:
• station from which an appeal lies as an appeal from an order,
• nay order of dismissed for default.

Essential Elements

In order that a decision of a may be a ‘decree’ the the following elements must be present:
• there must be an adjucation.
• such adjucation must have been done in suit.
• if first have been determined the rights of the parties with regard to all or any of the matters in controversy in the suit.
• determination must be of a conclusive nature and
• must be a formal expression of such adjudication.

Adjudication : For a decision of the courts to be a decree there must be an adjudication in a judicial determination of the matter in dispute, it is not a decree.

Suit : Russian suit is not defined in the code. But in Hansraj Gupta versus official liquidator of the Dehradun-Mussoorie Electric tramways co. limited, lordships of the privacy council have defined the term of the following terms suite ordinarily means and apart from some water must be taken to mean civil proceedings instituted in the presentation of the plaint.

Rights of the parties in controversy : The adjudication must have been determined the rights of the parties with regard to all or any of the matters in controversy in the suit.

Conclusive determination : Such determination must be conclusive in nature. In other words the determination must be final and conclusive as regards the court which passes it.

Formal Expression : there must be a formal expression of such and adjudication. All requirements of forms must be compiled with it. The formal expression must be deliberate and given in the manner provided by law.

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