ڈگری دار کی جامع تعریف

2023 SCMR 2133

Decree has been defined as the formal expression of adjudication that conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit , as regards the Court expressing it . This is the actual definition of decree which has been given in the first part of the section reproduced above . In the second part , certain orders that do not fulfill the definition of the decree have , however , been included in the definition of the decree through a deeming clause therein . The decree actually connotes the conclusive determination of the rights of the parties with regard to all or any of the matters in controversy in the suit . The word " parties " has been used rather than plaintiff or defendant . It clearly means that a decree may determine the rights of the plaintiff(s) or the defendant (s) . When the decree determines certain rights to which the defendant (s) is/are held entitled , then in such a case the defendant (s) would also be included in the definition of " decree holder " . The words " decree holder " cannot , therefore , be restrained to the persons who have stood on the pane of plaintiffs during proceedings of the case . Such a narrow interpretation would compel repetition of adjudication in Courts of law and parties would be litigating for declaration of such rights which are already settled and declared by the Courts . In this fast - paced modern era , neither the Courts nor the parties can indulge in the luxury of engaging in multiple rounds of litigation to establish or revise rights that have already been declared . When the Courts once declare some right after a due process and find it enforceable and such a decision gets finality then all the people entitled under such a decree would fall in the definition of " decree - holder " to file an application for execution under Order XXI , Rule 10 , C.P.C. regardless of the fact whether they stood on the pane of the plaintiffs or the panel of the defendants . Thus , the " decree - holder " would mean a person who is entitled to enforcement of a right under a decree .

Not only the defendants but also even strangers upon whom certain rights have been conferred through the decree can seek the enforcement/execution of the decree.

Execution proceedings --- General rule --- Executing Court cannot go behind a decree but must execute it as it stands --- Exceptions to said rule stated .

i) The executing Court can look into the question of whether the decree or part thereof is executable or in - executable and if for any reason the decree has become in - executable , the executing Court is empowered to declare so and if a part of the decree is in - executable and that part is severable from other part (s) of the decree then the executing Court is empowered to refuse the execution of the in - executable part of the decree and may proceed with the execution of the rest of the decree .

ii) The executing Court can look into the judgment in order to find the exact property when the decree is silent regarding what property was the subject matter of execution

iii) The executability of a decree can be questioned by the executing court if it is satisfied that

( a ) the decree is a nullity in the eyes of the law ,

( b ) it has been passed by a Court having no jurisdiction

( c ) the execution of the decree will not infringe the legal rights of the decree-holder , if refused to be executed or

( d ) the decree has been passed in violation of any provision of law .

2023 SCMR 2133

"Decree-holder " would mean a person who is entitled to enforcement of a right under a decree - Not only defendants but even strangers upon whom certain rights have been conferred through the decree can seek the enforcement / execution of the decree .

2023 SCMR 2133