Which is not a decree?
Which is not a decree?
It means that when there is no civil suit, there is no decree. Thus, rejection of an application for leave to sue in forma pauperis is not a decree, as there is no plaint till the application is granted. They are statutory suits and the decision given thereunder are, therefore, decrees.
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 the difference between an order and a decree?
A decree is the official proclamation of the adjudication by the judge explaining the rights of the parties concerned with respect to the suit. An order is the official announcement of the decision taken by the court, defining the relationship of the parties, in the proceedings.05/06/2017
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.04/06/2011
What is an execution application?
It simply means the process for enforcing the decree that is passed in favour of the decree-holder by a competent court. As per Rule 2(f) Civil Rules of practice “Execution Application:” means an application to the Court made in a pending execution petition, and includes an application for transfer of a decree.
Who can execute a decree?
Section 51. The section states the jurisdiction and power of the court in executing a decree. An application for execution of the decree can either be oral or written. The court may execute decree as per the mode of implementation prayed by the decree-holder or as the court deems fit.09/01/2020
