Civil procedure code
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Anonymous
(Querist) 14 December 2011
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What is preliminary decree?
Guest
(Expert) 14 December 2011
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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."
it falls within the definition of "preliminary decree" within the meaning of Section 2 (2) of the Code of Civil Procedure.
an adjudication should be covered by one of the specific cases of preliminary decrees mentioned in Order 20 in order that it may form the basis of a final decree. Those cases are only illustrations of preliminary decrees and help in determining the true meaning of the definition of the term "decree", and whether the order made by the Judge possesses the qualities of a decree, preliminary or final or partly preliminary and partly final, clearly depends upon its contents.
