Classes of Decree or Types of Decree or Kind of Decree.

The Civil Procedure Code under section 2(2) recognizes the following three classes or types or Kind of Decrees.
1. Preliminary Decree;
2. Final Decree;
3. Partly preliminary and partly final Decree

1. Preliminary Decree:
A preliminary decree is that decree which decides the rights of the parties, with regard to all or any of the matters in controversy in suit but does not completely dispose of suit. It declares the rights and liabilities of the parties leaving the actual result to be worked out in further proceeding.
Explanation: appended to Section 2(2) states that a decree is preliminary when further proceeding have to be taken before the suit can be completely disposed of. Thus, preliminary decree is passed in those cases where proceeding in a suit are to be carried out in two stages, First when rights of Parties are adjudicated thereafter, in Second stage those rights are implemented.

2. Final Decree:
A final decree is one which completely disposes of the suit and finally settle all questions in controversy between parties and nothing further remains to be decided thereafter.
Explanation; Attach to the definition of decree under Section 2(2) clearly states that a decree is final when the adjudication completely disposes of the suit.

3. Partly preliminary and partly final Decree:
A decree may be partly preliminary and partly final. The issue of a decree being partly preliminary and partly final arises when the Court decides two question by the same decree. Thus, in a suit for possession of immovable property with Mesne Profits, if the Court passes a decree of possession of immoveable property in favour of plaintiff and directs an enquiry into the mesne profits, then the former part of decree is final while latter part is preliminary decree because the final decree for relief of mesne profits can be drawn only after enquiry.

4. Judgment [Section 2(9)]:
According to Section 2(9) of the Code, “Judgment” means the statement given by the judge on the grounds of decree or order. Judgment is final decision of the Court informing the parties and the whole world the decision arrived at. It is the application of law to the facts of the case and the legal determination of the rights of parties before the court. Judgment decides the dispute in its totality without leaving anything to be resolved. It is the just and impartial conclusion of law arrived at on determining the facts presented to the court.

5. Judgment Debtor [2(10]:
According to Section 2(10) of the Code, the “Judgment-Debtor” means any person against whom a decree has been pass or an order capable of execution has been made. The term judgment debtor does not include assignee of the judgment debtor. A person who is a party to the suit but against whom no decree has been passed is not a judgment debtor. The term judgment debtor does not include the legal representative of a deceased judgment debtor.

6. Orders {Section 2(14)]
According to Section 2(14) of the Code, “Order” means formal expression of any decision of a civil Court Which is not a decree.
Thus, the adjudication of a court, which is not a decree, is an order.

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