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Index >> Letter D  
       
Decree : meaning
 
 

Decree is a term which means expression of adjudication of a dispute. It includes rejection of the plaint.

However decree does not include (1) an order of dismissal of suit on the ground of default and (2) any adjudication from which an appeal lies as an appeal from an order.

Section 2 (2) of Code of Civil Procedure, 1908, defines Decree as:

"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, but shall not include-

(a) any adjudication from which an appeal lies as an appeal from an order, or

(b) any order of dismissal for default.

 

 

 

   

   
 
   

   
   
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