Decree

A decree is defined under Section 2(2) of the Code of Civil Procedure, 1908 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. It must be distinguished from an order, which is a formal expression of any decision of a civil court that is not a decree.

A decree may be preliminary, final, or partly preliminary and partly final. A preliminary decree declares the rights of the parties but does not completely dispose of the suit, requiring further proceedings. A final decree completely disposes of the suit. In partition suits, for instance, the court first passes a preliminary decree declaring shares and then a final decree after actual division.

The decree must follow the judgment and must be drawn up in accordance with the provisions of Order XX of CPC. It must specify the relief granted, identify parties, and be signed and dated by the judge. A decree becomes executable once it attains finality after the limitation period for appeal expires or the appeal is disposed of.