Chptr-17.Other Laws-One

CIVIL PROCEDURE CODE 1908 

INTRODUCTION

Civil procedure code 1908 came into force in India on 1st January 1909. it extends to the whole of India except the state of Janmu and Kashmir, state of nagaland and the tribal areas. But the state government concerned may extend the provisions of this code to the whole or part of the state of nagaland or such tribal areas by notifications in the official gazette.

CIVIL PROCEDURE CODE 

The civil procedure code 1908 is a comprehensive law constitute of 158 section and 51 orders governing the procedure of civil courts in India 

DECREE

Decree according to section 2(2) of civil procedure code means the formal expression of an adjudication which so far as 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. it shall not include.  

1. Any adjudication from which an appeal lies as an appeal from an order or

2. Any order of dismissal.

A decree may be final or preliminary 

CONTENTS IN A DECREE  

The term decree includes the following essential element.

1. There must be formal expression of  adjudication

2. The adjudication must have determined the right of the parties with regard to matters in

    controversy in the suit

3. The decree must have determined the right of the parties with regard to matters in 

   controversy in the suit.

4. Such determination must be of a conclusive nature

ORDER

Oder means the  formal expression of any decision of a civil court which is not a decree. Oder may be of appeal able orders and interlocutory orders