DECREE [SECTION 2(2)]
Essential elements of the decree:
1. There must be adjudication.
2. Such adjudication must have been given in a suit.
3. It must have determined the rights of the parties about all or any of the matters in
the controversy in the suit.
4. Such determination must be conclusive.
5. There must be a formal expression of such adjudication.
6. The adjudication must have been given by a civil or revenue court
Decisions which are decrees: Illustrations
a) Order of abatement of suit;
b) Dismissal of appeal as time-barred;
c) Dismissal of suit or appeal for want of evidence or proof;
d) Rejection of plaint for non-payment of court fees;
e) Granting or refusing to grant installments;
f) Modification for a scheme under Section 92 of the Code;
g) Order holding appeal not maintainable;
h) The determination of any question under Section 144 (Restitution).
Decisions which are not decrees: Illustrations
a) Dismissal of appeal for default;
b) Appointment of a commissioner to take accounts;
c) Order of Remand;
d) Order granting interim relief;
e) Return of plaint for presentation to the proper court;
f) Dismissal of a suit under Order 23, Rule 1
g) Refusing to wind up a company;
h) Any adjudication from which an appeal lies as an appeal from the order.
Classes of decrees:
1. Preliminary decree
2. Final decree
3. Partly preliminary and partly final
Rejection of plaint is a decree under Section 2(2) CPC.
Restitution Order under Section 144 is a decree.
Appealable Orders: Section 104, Order 43, and Rule 1 are not decrees.
No second appeal lies in a case of appealable orders.
Dismissal for default order is not a decree.
Cross Decrees: A decree of plaint against the defendant and a decree of
the defendant against the plaintiff.
A decree passed by a court without jurisdiction is a nullity.
An order imposing compensatory costs under Section 35A is an
appealable order under Section 104 (1) (ff), so it is not a decree.
Decree and Order: Distinction
Decree (Section 2[2]) Order (Section 2[14])
1. Only in a suit. Suit/petition/application
2. Conclusively adjudicates the rights May or may not.
and liabilities of the parties.
3. Preliminary/final/partly preliminary Not applicable.
and partly final.
4. Generally, one decree is passed in Numerous orders are passed in a
one suit. single proceeding.
5. It is appealable under section 96, Only those orders are appealable
CPC. which are
Decree and Order: Similarities
Matter in controversy
Formal expression
Decision of a court
Adjudication of a court of law
ORDER [SECTION (14)]
Order (Section 2(14)]
The formal expression of any decision of a civil court is not a decree.
List of appealable orders: Section 104, Order 43, Rule 1
Orders which are decrees:
1. An order rejecting a plaint.
2. An order dismissing a suit for non-payment of court fees.
3. An order discharging some of the defendants for want of cause of action.
4. An order rejecting a plaint for insufficiency of a stamp.
5. An order discharges defendants for the failure of plaintiffs to furnish
particulars, as it amounts either to rejection of a plaint or dismissal of a suit.
6. A decision that the subordinate court has no jurisdiction.
7. An order of abatement of the suit.
8. An order staying execution of a decree.
9. An order dismissing cross-objection.
Orders which are not decrees:
1. An order refusing stay.
2. Remand under section 151 of CPC.
3. Rejection of an application for leave to sue in forma pauperis.
4. Overruling of a plea against the maintainability of a suit.
5. Decision in plaintiff’s favor as to his locus standi to sue.
6. Appointment of a commissioner to take accounts.
7. An interlocutory order in execution deciding a point of law arising incidentally.
Declaration on questions of limitation, jurisdiction, res judicata, and maintainability
of suit which determines only the plaintiff’s right to sue does not fall within the
ambit of a decree. The decision of issue as to imitation in favor of the plaintiff is
not a decree in as much as it decides merely the plaintiff’s right to sue.
Interlocutory orders may amount to a decree under section 2(2) if they are
sufficient to dispose of the suit as a whole, no matter whether they are passed in
suit or execution proceedings.
JURISDICTION OF CIVIL COURTS
Jurisdiction
The extent of the authority of a court to administer justice about the subject matter,
pecuniary value, and local limits.
Consent of the parties is not relevant. It neither confers nor ousts it.
Hakam Singh v. Gamman (India) Ltd., AIR 1971 SC:
The parties are free to choose any one court by an agreement of those which have
jurisdiction.
Classification of the Jurisdiction:
1. Jurisdiction over subject matter.
2. Territorial Jurisdiction.
3. Pecuniary Jurisdiction.
4. Original and Appellate Jurisdiction.
5. Writ Jurisdiction.
Section 6:
A court will have jurisdiction only over those suits, the amount of which does not exceed
the pecuniary of its jurisdiction.
The amount of the relief claimed and not the disputed property, determines the
jurisdiction of the court.
The Suit Valuation Act, 1887 – In a partition suit the value of the share claimed
and not the value of the whole disputed property, is the value of the suit.
If the valuation in the plaint in a suit for accounts is within the court’s pecuniary
jurisdiction, the court may pass a decree which may be in an express of its
pecuniary jurisdiction.
A decree passed by the court without jurisdiction is a nullity.
Where the jurisdiction of a court is challenged, the court has inherent jurisdiction
to decide this jurisdiction.
If a plaintiff frames his suit in such a manner or not warranted by the facts, and
goes for his relief to a court which cannot grant him relief on the true facts, his
suit will be dismissed. However, if the jurisdiction is only one relating to territorial
limits or pecuniary limits, the plaint will be ordered to be returned for presentation
to the proper court.
Pecuniary Jurisdiction:
Court of small causes: up to Rs. 1000/-
District Courts in Delhi: Rs. 20,00,000/- (Upper limit)
U.P., Rajasthan, & Uttaranchal:
Civil Judge (junior division): Rs. 25,000/-
Civil Judge (senior division): Rs. 50,000/-
District Judge: unlimited
High Court: unlimited
Consumer Forums:
District Consumer Forum: Rs. 500,000/-
State Consumer Forum: Rs. 20,00,000/-
Notion Consumer Forum above Rs. 20,00,000/-
Writ Jurisdiction: Supreme Court – Article 32, High Courts Article 226. Writs:
Certiorari, Habeas Corpus, Mandamus, Prohibition, Quo Warranto.
