Navdeep (Nil) 03 September 2012

How do identify the order received is decree or not

Respected Sir,

I have ancestral property which is un- partitioned Suit is running in Civil Court, Court have give one order but other party is saying that is court decree. How can i recognise the order received is decree or not.

Some points which I have identified:

There is no decree specified in the order.

At the top of the page there is specified "Order" word.

That order is not a final decision.

Please let me know is there any specific recognisation of Court decree. As i know Court Decree is the final demission.

So, Please Let me know some keys point to recognize whether that document is Court decree or not..

Kind Regards

Navdeep Gupta

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2 Replies

Bhupesh Panjabi (Project Manager) 03 July 2013

Please read Section 2(2) of CPC, 1908. It will answer your doubts.

cyberlawyer (barrister) 27 October 2013

if the order says, suit is decreed as prayed for in the last page, and the first page of the order bears the heading O.S No. xxxx and not IA no. xxxx in OS no. xxxx, then its not a final decree and only an order obtained in an interim order...

even a final decision of a case will have a decree and judgement.

A decree just states the result of the case ,whether the relief sought is granted or not.

Wheres a judgment gives the basis on which the relief is granted or not.

Since you say the copy bears the word ORDER, it is most probably an interim order and not final decree in a proceeding ./..\