How is a decree executed?

How is a decree executed?

A decree can be executed by various modes which include delivery of possession, arrest, and detention of the judgment-debtor, attachment of the property, by sale, by appointment of receiver, partition, cross-decrees, and cross-claims, payment of money etc.

How many types of Decree are there?

three types

What is the difference between decree order and Judgement?

Difference between Judgment and Decree Judgement means statement given by a Judge of the grounds of decree or order. 2. Decree is an adjudication conclusively determining the rights of the parties with regards to all or any of the matter in the controversy. Judgement states preciously the relief granted.

What is not a decree?

For a decision of a court to be a decree, there must be an adjudication, i.e. a judicial determination of the matter in dispute. If there is no judicial determination of any matter in dispute, it is not a decree. Thus, an order passed by an officer who is not a court is not a decree.

Who is a decree holder?

Decree-holder. Details. “decree-holder” means any person in whose favour a decree has been passed or an order capable of execution has been made.

Can there be more than one final decree?

“Neither rule contemplates more than one preliminary decree and one final decree in one suit. In fact, the code nowhere contemplates more than one final decree in one suit.” Finally, in Shankar V. Chandrakant, AIR 19, the Supreme Court Said “It is settled law that more than one final decree can be passed.”

What is final decree?

A final decree is one which completely disposes of a suit and finally settles all questions in the controversy between parties and nothing further remains to be decided thereafter.

Is decree appealable?

There can be many orders in a suit, while there is only one decree in a suit. A decree can be preliminary, final or partly preliminary and partly final, whereas an order is always final. A decree is usually appealable, except when it is specifically barred by law. Conversely, an order is appealable and non-appealable.