Decree
Also called: Preliminary decree, Final decree, Deemed decree
The formal expression of an adjudication that conclusively determines the rights of the parties on all or any matter in controversy in a suit, as defined in Section 2(2) of the CPC.
Explained
Section 2(2) of the Code of Civil Procedure, 1908 defines a decree 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. A decree may be preliminary or final. It is deemed to include the rejection of a plaint and the determination of any question within Section 144 (restitution). It does not include an adjudication from which an appeal lies as an appeal from an order, or an order of dismissal for default.
The elements usually drawn from the definition are: an adjudication, in a suit, determining the rights of the parties on matters in controversy, conclusively so far as that Court is concerned, and formally expressed. A decision that lacks any of these, such as a purely procedural direction, is an order under Section 2(14), which is the formal expression of any decision of a Civil Court that is not a decree. The judgment under Section 2(9) is the statement of grounds of a decree or order, so the judgment explains and the decree operates.
Under the Explanation, a decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of, and final when the adjudication completely disposes of the suit; it may be partly preliminary and partly final. Partition and mortgage suits are the classic examples of preliminary decrees. Section 97 provides that a party who does not appeal from a preliminary decree cannot dispute its correctness in an appeal from the final decree. An appeal lies from every original decree under Section 96, including an ex parte decree, but not from a consent decree.
A frequent trap concerns Section 47. Before the 1976 amendment, the determination of questions under Section 47 was deemed a decree; those words were omitted, so such a determination is no longer a deemed decree. Examiners also test the two exclusions, the deemed inclusions and the effect of Section 97.
What the law says
(2) “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.
Explanation.—A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final;
Section 2(2): definition of decree; 2(9) judgment; 2(14) order
(1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court.
(2) An appeal may lie from an original decree passed ex parte.
(3) No appeal shall lie from a decree passed by the Court with the consent of parties.
Appeal from original decree, ex parte and consent decrees
Where any party aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.
Effect of not appealing a preliminary decree
In this Order, unless there is something repugnant in the subject or context, the expression “decree” shall include a final order.
Decree includes a final order for Supreme Court appeals
Example
For example, in a partition suit the Court first passes a preliminary decree declaring each co-owner's share, and later a final decree dividing the property by metes and bounds.
For the exam
- Deemed decrees: rejection of plaint and determination of a question under Section 144 CPC.
- Not a decree: appealable orders and dismissal for default.
- Section 47 determinations ceased to be deemed decrees after the 1976 amendment.
- No appeal from a consent decree (Section 96(3)); an appeal lies from an ex parte decree (Section 96(2)).
- Failure to appeal a preliminary decree bars challenge in the appeal from the final decree (Section 97).
3,117 questions in the Law Maker question bank use this term. Practise Civil Procedure Code questions
Judgments
Related terms
- JudgmentUnder Section 2(9) of the CPC, the statement given by the Judge of the grounds of a decree or order.
- OrderUnder Section 2(14) of the CPC, the formal expression of any decision of a Civil Court which is not a decree.
- Decree-holderAny person in whose favour a decree has been passed or an order capable of execution has been made (Section 2(3) of the CPC).
- Judgment-debtorAny person against whom a decree has been passed or an order capable of execution has been made (Section 2(10) of the CPC).
- Foreign judgmentThe judgment of a foreign Court, meaning a Court outside India not established or continued by Central Government authority. It is conclusive in India unless one of the six exceptions in Section 13 of the CPC applies.
- Res judicataA matter directly and substantially in issue that a competent court has heard and finally decided between the same parties cannot be tried again in a later suit (Section 11, CPC).
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.