Defining the Decree
The Code of Civil Procedure, Section 2(2) provides the statutory definition of a decree. It is defined as 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. As established in *Abdul Hamid v. Abdul Zayer* (33 DLR 341), a decree is exclusively associated with suits initiated by the presentation of a plaint. Consequently, a decree constitutes the formal expression of the court's decision in conclusively determining the rights of the parties concerning the relief sought in said plaint. It is imperative to note that a decision rendered on a petition does not constitute a decree; rather, it is classified as an order.
General Characteristics of a Decree
Not every decision rendered by a court qualifies as a decree. For a judicial decision to attain the status of a decree, it must satisfy the following conditions: 1) The decision must be an adjudication by a court; 2) The adjudication must be formally expressed; 3) The formal expression must occur within the context of a suit; 4) The decision must determine the rights of the parties with regard to all or any of the matters in controversy; and 5) The determination of said rights must be conclusive.Contents of a Decree
According to Order 20, Rule 1 of the Code of Civil Procedure, a judgment must be pronounced immediately after the conclusion of the hearing or within the subsequent seven days. Furthermore, pursuant to Rule 6A, the decree must be drawn up within seven days of the pronouncement of the judgment. A properly formulated decree shall include the following:- Suit number;
- Names and registered addresses of the parties, including the details of the plaintiff, the defendant, and the cause of action;
- A summary of the claims and defenses, and the relief or remedy granted to the aggrieved party;
- The total costs incurred in the litigation;
- The date of the judgment and the signature of the judge;
- Directives for each party under the decree, whether to perform or refrain from specific actions;
- A concise yet conclusive declaration of the adjudicated rights.
What are the rights of an arrested person?
Types of Decrees
As per the Code of Civil Procedure, Section 2(2), decrees are categorized into three types: 1) A preliminary decree, issued prior to the final disposal of the suit, often termed an interlocutory decree; 2) A final decree, which is issued upon the conclusive disposal of the suit; and 3) A partly preliminary and partly final decree. The Code of Civil Procedure also recognizes other variations, such as the "consent decree" obtained through amicable settlement, or "conditional decrees" often granted in cases involving divorce or cause of death.Which Judicial Decisions are Deemed Decrees?
Decisions involving the cancellation of deeds, rescission of contracts, or permanent injunctions are typically encompassed within the ambit of a decree. While generally, decisions failing to meet the criteria of Section 2(2) are not considered decrees, the statute explicitly includes the following as decrees: 1) The rejection of a plaint; and 2) Any question arising under Section 144 regarding restitution.Furthermore, decisions dismissing a suit, dismissing an appeal barred by limitation, or rejecting a plaint due to non-payment of court fees have, in various precedents, been treated as decrees.
Which Judicial Decisions are Not Deemed Decrees?
The following judicial decisions do not qualify as decrees: 1) Appealable orders, such as an order returning a plaint; and 2) Orders of dismissal due to default, such as the dismissal of a suit due to the absence of the parties at a hearing.Distinction Between Judgment and Decree
A judgment signifies the final decision rendered by a court following the adjudication of a suit. The judge arrives at this determination after a comprehensive analysis of the evidence and the application of relevant law. The judgment contains the arguments of both parties, the legal principles invoked, and the reasoning of the judge. Conversely, a decree is the formal document drawn up subsequent to the judgment, which definitively articulates the rights and obligations of the parties. The distinction is summarized below:| Basis of Distinction | Judgment | Decree |
| Definition | The narrative provided by the judge containing the reasoning for the decree or order. | The formal expression of the court's decision that conclusively determines the rights of the parties regarding all or any matters in controversy. |
| Provision | Defined under Section 2(9) of the CPC. | Defined under Section 2(2) of the CPC. |
| Logical Requirement | The judge must provide logical reasoning and justification. | Does not require separate logical justification within the decree document itself. |
| Classification | Final. | Preliminary, Final, or partly Preliminary and partly Final. |
| Nature of Suit | Issued in both civil and criminal proceedings. | Exclusively issued in civil suits. |
| Appealability | Generally not appealable. | Appealable. |