Decree-Meaning, Definition, Introduction in CPC
Table of contents
The decree is a word coming from the Latin meaning “to issue a decree “. It is a legal document that can be issued by a monarch, legislature, or executive. It is used mostly in business.
The word “ decree “ appears to have been created by the gothic printing press. It was first used in France in the 1200s to signify that a king had a command set down, or a law that could not be ignored or appealed. Later, it also came to signify a formal and authoritative vocal command, uttered by a government official, such as a judge, a judge advocate, or a commander to subjects. In modern times, “decree” is usually
Meanings of Decree:
Case Law meaning 2011 CLC 820:
Explanation:
Case Law = 2003CLC1959 = PLJ2003KAR.175:
“Any proceedings, which is ongoing by the endowment of a plaint, or which is formed as a suit by any law, also comparable proceedings will be made-up to be a suit”.
©Determination of Rights of Parties:
(d) Regarding all or any of the Matter in Contestation:
Decree Might be categorized into two kinds,
(1) Declaratory decree which isn’t competent of implementation.
Order Rejecting a Plaint:
Determination of Questions under Certain Vittles of C.P.C:
Decree Not Include the Following:
By virtue of section 2 (2), the decree shall not include the following,
Appellate Orders:
Redundancy in Dereliction
Orders of redundancy of the suit, in dereliction of appearance or non-prosecution, aren’t rulings i.e. orders passed under order 9 or 17 of C.P.C.
Originally published at https://www.legalteacher.online.