Decree,Difference between Decree and Judgement,Types of Decree:

Decree,Difference between Decree and Judgement,Types of Decree:

Decree is defined u/s 2(2) of Civil Procedure Code, 1908. It means the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matter in controversy in the suit.

ESSENTIALS OF DECREE:

1. There must be adjudication.

2. It must have been done in a suit.

3. It must determine the rights of the parties.

4. The determination must be of conclusive nature.

5. There must be formal expression of such adjudication.

TYPES:

A decree may be either preliminary or final.

A decree is preliminary when a further procedure has to be taken before the suit can be completely disposed off. When adjudication completely disposes of the suit such decree is final.

It may be noted that the term decree doesn’t include the following:

Any adjudication from which an appeal lies as an appeal from an order or Any order or decision of the dismissal of the suit for default.

“Formal expression” means the recordation of the ruling of the Court on the matter presented before it, so far as the Court expressing it alludes to the fact that the same issue cannot be adjudicated by or before the Court again but only before a higher forum i.e. an appellate forum.

DRAWING OF A DECREE:

A decree must be drawn within 15 days separately after a judgment.

Deemed Decrees: A deemed decree is one which, though not fulfilling the essential features of a decree as required by the Code has been expressly categorized as a decree by the legislature. The rejection of a plaint and the determination of questions of facts are deemed decrees.

CONTENTS OF DECREE:

1. The no. of suit.

2. The names and description of parties and their registered address.

3. The particulars of the claim.

4. The relief granted.

5. The amount of the cost incurred in the suit.

6. The date on which judgment was pronounced.

7. The signature of the judge. 8.

DIFFERENCE BETWEEN JUDGMENT AND DECREE:

Judgment is defined in section 2(9) of the C.P.C. which says judgment is the statement given by the Judge on the grounds of a decree or order. Judgment refers to what the judge writes regarding all the issues in the matter and the decision on each of the issues. Hence every judgment consists of facts, evidence, findings etc. and the conclusion of the court.

The term decree is defined in section 2(2) of the C.P.C. which reads 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 parties 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, butshall not include

a) any adjudication from which an appeal lies as an appeal from an order, or b) any order of dismissal for default.

Decree is the conclusion reached by the judge after hearing both parties on merits and expressing the same in writing. Basically decree is the subset in the set of judgment.

The decree forms the last part of the judgment and is extracted from the entire judgment by the decree clerk who contains the basic details and the result of the case. The date of the decree is the date of judgment for the purpose of execution though it can be signed anytime later even by a successor judge though it should be given within 15 days. Even a set-off/ counter claim is in the same decree.

Judgments by way of an amendment in 1976 must contain the exact decree and words like “decree what is prayed for” cannot be used. Thus every judgment contains the decree, amongst other things and the decree is usually the last portion of the judgment and the decree independently is without reasoning.

There is no need of a statement in a decree though it is necessary in a judgment. Likewise, it is not necessary that there should be a formal expression of the order in the judgment, though it is desirable to do so. A judgment is a stage prior to the passing of a decree or an order, and after the pronouncement of the judgment, way for the decree has to be left wide open . Decree has to be in line with the judgment and it should present the correct interpretation of the judgment. But in case, scenario arises where there appears to be a conflict between the judgment and the decree, then the decree must be reasonably construed and if on such construction both of them able to remain together, then adhere to that decree. But if it gets difficult for the decree to stay together with the judgment, then it must be amended

under section 151 of the C.P.C. and if there is any clerical mistakes in the decree, then section 152 of the C.P.C. will take out the decree safe from the clutch of being declared nullity.