Divorce

1. The word 'decree' has not been defined in the Limitation Act, nor in the General Clauses Act, and, consequently, it can be assigned the meaning given to it under the Code of Civil Procedure (C.P.C. in short).

2. There under, as laid down in S. 2 (2) thereof, "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 is further provided in this definition that the decree shall not include any adjudication from which an appeal lies as an appeal from an order, or any order of dismissal for default.

3. The two important ingredients of a decree, therefore, are that there should be final expression of adjudication conclusively determining the rights of a party with regard to all or any of the matters in controversy and, secondly, that the expression of the adjudication is made in a suit and not in a miscellaneous proceeding not amounting to a suit. Consequently, if the proceeding does not amount to a suit the final order passed therein shall be an "Order" and not decree.

4. Appeal time counts from date of divorce Decree but not from divorce Order. Divorce Order is executable only when divorce Decree is there.