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What do you understand about the term ‘decree’ and it’s essential elements ?

Adjudication means judicial decision or determination of the court in the disputed matter. Adjudication can be divided into two parts-

  1. Decree which is mentioned under section 2 (2) of Code of Civil Procedure
  2. Order which is mentioned under Section 2 (14) of Code of Civil Procedure

 

In this article, we will understand what is decree and what are its essential elements.

Decree has been defined under section 2 (2) of Code of Civil Procedure as formal expression of an adjudication which determines the right of the parties where the matter is in dispute or controversy which may be preliminary or final.

Before we delve further, let’s know why you should know the essentials of decree and why you need to know about decree?

 

Decree provides remedies and judicial determination helps in resolving the matter in dispute. So, one must be aware of it.

 

The essentials of decree is as follows –

 

  • Adjudication

 

There must be adjudication which means judicial determination of the matter in dispute by the competent authority. So, one can say that if the court determines in dispute between parties then it is a decree

 

  • Suit

 

The adjudication for judicial determination has been done in suit. The word ‘suit’ is not defined anywhere in code of civil procedure but in case Hansraj Gupta v. official liquidator of the Dehradun Mussoorie Electric Co. limited, Lordships of privy council defined the term ‘suit’ as a civil proceeding instituted by presentation of a plane.

For instance – order of abatement of suit is decree.

 

  • Determining the rights of the parties

 

Here the parties means parties to the suit and they are plaintiff and defendant. Plaintiff is the one who filed a case against a person (defendant). So, their rights will be determined.

 

  • Conclusive determination

The decisions taken should be final and conclusive which means complete in itself.

 

  • Formal expression

It is the last essential ingredient of decree. The formal expression needs to be in accordance with the law.

The decisions which are decree – an award passed by Lok Adalat, order of abetment of Suit, etc.

 

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