Understanding the concept of decrees is fundamental for law students and legal professionals dealing with civil litigation. A decree signifies the formal expression of a court’s decision, and the types of decrees play a crucial role in determining the execution and rights of parties. In this article, we will delve into the types of decrees in civil law, their characteristics, and the key distinctions, focusing on the provisions of the Code of Civil Procedure (CPC), 1908.
Contents of Article
Essential Elements of a Decree
- Formal Expression: It must be expressed formally.
- Adjudication: There must be a judicial determination.
- Suit: It arises out of a civil suit.
- Conclusive Determination: It determines the rights conclusively.
- Parties: The rights of the parties involved in the suit are addressed.
A decree may include decisions on rights, liabilities, or reliefs sought by parties. It does not encompass interlocutory orders or administrative decisions.
Types of Decrees in Civil Law
Decrees can be broadly classified into the following types:
1. Preliminary Decree
A preliminary decree is one that does not completely dispose of the suit. Instead, it decides certain aspects of the suit while leaving the determination of the remaining issues for a subsequent stage.
Key Features:
- It outlines the rights and liabilities of parties but does not conclude the case.
- Examples include decrees in partition suits or administration suits where the court first determines the rights of the parties and subsequently addresses the division of property or administration of assets.
Relevant Provisions:
Order XX Rule 18, CPC, deals with preliminary decrees in partition suits. Similarly, suits for accounts and mortgage redemption also involve preliminary decrees.
Case Law:
In Phoolchand v. Gopal Lal (AIR 1967 SC 1470), the Supreme Court held that the court has the power to pass more than one preliminary decree in cases where circumstances demand further adjudication.
2. Final Decree
A final decree is one that disposes of the suit entirely by settling all disputes and leaving nothing further for determination by the court.
Key Features:
- It is executable and binding.
- It conclusively determines the rights and obligations of the parties.
Transition from Preliminary to Final:
A preliminary decree may lead to a final decree after compliance with its directions. For instance, in a partition suit, the final decree would allocate specific portions of property to parties after valuation and division.
3. Partly Preliminary and Partly Final Decree
In some cases, a decree may have elements of both preliminary and final nature. For instance:
- In a suit for possession and mesne profits, the court may pass a final decree regarding possession while issuing a preliminary decree for mesne profits to be ascertained later.
4. Deemed Decree
Certain orders are considered “deemed decrees,” although they may not satisfy the technical definition of a decree under Section 2(2). These are statutorily treated as decrees.
Examples:
- Rejection of a plaint under Order VII Rule 11, CPC.
- Determination of restitution under Section 144, CPC.
Case Law:
In Chhaganlal v. Municipal Corporation, Indore (AIR 1977 SC 1555), the court clarified that orders which substantially resolve disputes can be treated as decrees.
5. Ex Parte Decree
An ex parte decree is passed when the defendant fails to appear in court despite being duly served. The court proceeds to hear the plaintiff’s case in the absence of the defendant.
Remedies Available:
- The defendant can apply for setting aside the decree under Order IX Rule 13, CPC.
- Alternatively, they may file an appeal or a review petition.
Case Law:
In Sangram Singh v. Election Tribunal, Kotah (1955 AIR 425), the Supreme Court highlighted that ex parte proceedings aim to avoid undue delay caused by absent parties.
6. Consent Decree
A consent decree is passed with the mutual consent of the parties involved. Such decrees do not involve adjudication on merits but are based on the settlement terms agreed upon by the parties.
Key Features:
- Binding as a contract.
- Not appealable unless fraud or misrepresentation is proven.
Case Law:
In K.K. Chari v. R.M. Seshadri (AIR 1973 SC 1311), the court held that consent decrees represent the agreement between parties and hold legal enforceability.
7. Compromise Decree
Similar to a consent decree, a compromise decree is recorded when the parties settle their dispute amicably during the pendency of the suit.
Relevant Provision:
Order XXIII Rule 3, CPC, governs compromise decrees.
8. Preliminary and Final Decrees in Specific Cases
a. Partition Suits:
- Preliminary decree: Determines shares.
- Final decree: Divides the property.
b. Mortgage Suits:
- Preliminary decree: Determines liabilities.
- Final decree: Directs sale of property.
c. Administration Suits:
- Preliminary decree: Determines liabilities and assets.
- Final decree: Distributes assets.
Differences Between Preliminary and Final Decree
| Aspect | Preliminary Decree | Final Decree |
|---|---|---|
| Nature | Decides certain issues. | Disposes of the entire suit. |
| Execution | Not executable. | Executable. |
| Subsequent Action | Requires further proceedings. | Concludes proceedings. |
Conclusion
The types of decrees in civil law form the backbone of civil litigation under the CPC. From preliminary decrees outlining rights to final decrees settling disputes conclusively, each type serves a distinct purpose in delivering justice. For law students and legal professionals, mastering the nuances of decrees—including their classification, execution, and implications—is indispensable for effective practice.
By understanding questions like “What is a decree under CPC?” or “What are the different types of decrees?”, you gain insights essential for academic success and professional competency. Whether you’re dealing with a preliminary decree, final decree, or navigating remedies for an ex parte decree, the knowledge of these distinctions ensures clarity and precision in civil procedure.
REFERENCES
- Books