Question

With reference to the "Decree" which of the following statement is wrong?

A A 'decree' can be preliminary and final. Correct Answer Incorrect Answer
B A 'decree' is adjudication by Civil Court in a Suit. Correct Answer Incorrect Answer
C Any Order of dismissal for default is also 'decree' Correct Answer Incorrect Answer
D A 'decree' conclusively determine the rights of parties. Correct Answer Incorrect Answer

Solution

Decree has been defined under section 2(2) of the Code of Civil Procedure,1908: (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. Thus, a decree is a decision of the court or a formal expression of adjudication by which the court determines the rights of parties relating to the matter in dispute. It is generally of three kinds: preliminary, final and partial

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