Section 2 (2) of the code of civil procedure, 1908 defines the term decree
"It means the formal expression of an adjudication which conclusively determines
the rights of the parties with regard to all Or any of the matters in
controversy in the suit."
It shall deemed to include (deemed decree)
Essential Elements Of Decree.
- Rejection of plaint.
- The determination of any questions within section 144 of this code.
- Right of parties in controversy
- Conclusive determination
- Formal expression
It means judicial determination of matter in dispute. Such judicial
determination must be passed by a court.
Suit means civil legal action by one person against other person to be decided
Decree will given in a suit always.
Hansraj gupta vs. Dehradun mysoori electric tramway co. Ltd
The court defined suit as a civil proceedings which is instituted by the
presentation of plaint. If there is no decree then there will be no decree.
Rights Of Parties In Controversy
Right of parties must be substantive right. And controversy means subject matter
withreference to which some relief is sought.
Such determination must be final and conclusive as regard the court which passes
Formal expression of an adjudication. An adjudication shall be express formally.
It means all requirements of form must be complied with as given in manner
provided under rule 6,6a, 7 of order 20 of The code of civil procedure, 1908