Civil Procedure Code & Limitation Act LSF – 2

Answer to Question: Decree

I. Definition of Decree (Section 2(2) of the Civil Procedure Code)

A Decree, as defined under Section 2(2) of the Civil Procedure Code (CPC), is essentially a judgment or an order issued by a court that determines the rights of parties involved in litigation. The key characteristics of a decree are:

  1. Legal Enforcement: It is a formal expression of an adjudication which conclusively determines the rights of parties regarding all or any of the matters in controversy.
  2. Judicial Decision: A decree is passed by a court of competent jurisdiction.
  3. Conclusiveness: It conclusively determines the rights of the parties concerning the matter in dispute.

II. Parties Involved in a Decree

  1. Decree Holder: The person in whose favor the decree is passed is known as the ‘Decree Holder’. This individual or entity gains a right or benefit from the decree’s enforcement.
  2. Judgment Debtor: The party against whom the decree is passed is termed as the ‘Judgment Debtor’. This party is obligated to comply with or fulfill the terms of the decree.

III. Examples of Decrees

Decrees can cover a wide range of judicial decisions. Some common examples include:

  1. Decree of Divorce: A decree that legally dissolves a marriage.
  2. Decree to Attach Property: An order to seize or attach property as part of the enforcement of a judgment.
  3. Decree of Restitution of Conjugal Rights: A decree that orders the restitution of rights and duties arising from a marital relationship.

In summary, a decree is a crucial judicial tool in the adjudication process, serving as the court’s formal decision on the rights and liabilities of the parties involved in a legal dispute​​.