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Understanding Judgments and Decrees

The document explains the definitions and essential elements of judgments and decrees in legal terms. A judgment is a statement by a judge outlining the grounds for a decree, while a decree is a formal adjudication that determines the rights of parties in a suit. It also categorizes decrees into preliminary, final, and partly preliminary and partly final types.

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7 views1 page

Understanding Judgments and Decrees

The document explains the definitions and essential elements of judgments and decrees in legal terms. A judgment is a statement by a judge outlining the grounds for a decree, while a decree is a formal adjudication that determines the rights of parties in a suit. It also categorizes decrees into preliminary, final, and partly preliminary and partly final types.

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ag6734283
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© All Rights Reserved
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Judgment & Decree

Meaning
Judgment means the statement given by a Judge of the grounds of a decree or order – Sec.2(9)
Essentials
The essential elements of a judgment is that there should be a statement for the grounds of the
decision – Vidyacharan Shukla v. Khubchand Baghel, AIR 1964 SC 1099.
Every Judgment
other than that of a Court of small causes should contain i) a concise statement of the case ii) the
points for determination; iii) the decision there; and iv) the reasons for such decision
Decree
Meaning - “decree” means 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 and may be either preliminary or final. It shall be deemed to
include the rejection of a plaint and the determination of any question within section 144, but
shall not include -
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
Essential elements of a Decree
In order that a decision of a Court may be a ‘decree’, the following elements must be present –
Vidyacharan Shukla v. Khubchand Baghel, AIR 1964 SC 1099.
[Link] must be an adjudication;
[Link] adjudication must have been done in a suit;
[Link] must have determined the rights of the parties with regard to all or any of the
matters in controversy in the suit;
[Link] determination must be of a conclusive nature; and
[Link] must be a formal expression of such adjudication

Types of Decrees
The Code of Civil Procedure recognises the following classes of decrees:
[Link] Decree
[Link] Decree
[Link] preliminary and partly final decree.
i. Preliminary Decree – Where an adjudication decides the rights of the parties with regard to
All
or any of the matters in controversy in the suit, but does not completely dispose of the suit, it is a
preliminary decree.
ii. Final Decree – A decree may be said to be final in two ways:
[Link] within the prescribed period no appeal is filed against the decree or the matter
has been decided by the decree of the highest Court; and
[Link] the decree, so far as regards the Court passing it, completely disposes of the
suit – Shankar v. Chandrakant, AIR 1995 SC 1211
iii. Partly preliminary and partly final decree
A decree may be partly preliminary and partly final, e.g., in a suit for possession of immovable
property with mesne profits, where the Court: a) decrees possession of the property; and b)
directs an enquiry into the mesne profits.

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