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Definition And Essential Elements Of Decree

Section 2 (2) of the code of civil procedure, 1908 defines the term decree as following:
"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)
  1. Rejection of plaint.
  2. The determination of any questions within section 144 of this code.

Essential Elements Of Decree.
  1. Adjudication
  2. Suit
  3. Right of parties in controversy
  4. Conclusive determination
  5. Formal expression

Adjudication
It means judicial determination of matter in dispute. Such judicial determination must be passed by a court.

Suit
Suit means civil legal action by one person against other person to be decided by court.

Decree will given in a suit always.

Hansraj gupta vs. Dehradun mysoori electric tramway co. Ltd. 1933.
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.

Conclusive Determination
Such determination must be final and conclusive as regard the court which passes it.

Formal Expression
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

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