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Scope of Decree under CPC
The Civil Procedure Code (CPC) is a procedural law governing civil suits' conduct in India. Under the CPC, a decree is a formal expression of an adjudication that conclusively determines the rights of the parties about all or any of the matters in controversy in the suit. A decree under CPC is therefore an extremely important document in civil proceedings, as it is the final determination of the court concerning the dispute between the parties.
A decree under CPC can be of two types - preliminary decree and final decree. A preliminary decree is a decree that determines the rights and liabilities of the parties but does not completely dispose of the suit. A final decree, on the other hand, is a decree that completely disposes of the suit and finally determines the rights and liabilities of the parties. The distinction between a preliminary decree and a final decree is important because the time limit for filing an appeal against a decree starts from the date of the final decree.
For a decree to be passed under CPC, the following conditions must be met:
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Jurisdiction: The court passing the decree must have jurisdiction to do so. Jurisdiction refers to the power of the court to hear and decide a case. The court must have territorial jurisdiction, i.e., it must be situated within the geographical limits of its jurisdiction, and it must also have pecuniary jurisdiction, i.e., the value of the subject matter of the suit must fall within its jurisdictional limits.
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Parties: The parties to the suit must be properly before the court. The plaintiff must have filed the suit in the correct court and must have impleaded all the necessary parties as defendants. The defendants must have been served with notice of the suit and allowed to present their case.
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Evidence: The court must have considered all the evidence presented by the parties and applied the law correctly to the facts of the case.
Once these conditions are met, the court may pass a decree under CPC. The decree must be in writing and must contain the following particulars:
- The number of the suit;
- The names and descriptions of the parties;
- The nature of the decree;
- The amount or other relief granted;
- The date on which the decree was pronounced;
- The signature of the judge passing the decree.
The decree must be signed by the judge and sealed with the seal of the court. The decree must also be dated and signed by the judge.
The parties to the suit are entitled to a copy of the decree. The decree is binding on the parties and can be executed by the court if necessary. An appeal against the decree may be filed within the time limit prescribed by law.
In conclusion, a decree under CPC is a formal expression of the adjudication of a court concerning the dispute between the parties. It is an extremely important document in civil proceedings as it finally determines the rights and liabilities of the parties. The decree must be in writing, signed by the judge and sealed with the seal of the court, and must contain certain particulars. The parties are entitled to a copy of the decree, and an appeal against the decree may be filed within the prescribed time limit.
