What comes first Judgement or decree?
What comes first Judgement or decree?
The term decree is defined in Section 2(2) of Code of Civil Procedure, 1908. A decree always follows judgement and is based upon a judgement. After passing the decree, the suit stands disposed of since the rights of the parties are finally determined by the court. ……
Is a divorce decree the same as a Judgement?
A final decree of divorce is the court’s formal order granting a termination of a marriage. If the case goes to trial and the judge issues a judgment, the judgment is confirmed when the decree is signed and dated by the judge and court clerk.
How do you execute a decree?
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….
What are the contents of Decree?
Essentials elements of a Decree
- There must be an adjudication.
- The adjudication should be done in a suit.
- It must determine the rights of parties regarding the matter in dispute.
- The determination of the right should be of conclusive nature.
- There must be a formal expression of such adjudication.
Can preliminary decree be executed?
When the limitation begins to run for filing an application to pass final decree on stamped papers-Executing court cannot receive the preliminary decree unless final decree is passed as envisaged under Order 20 Rule 18(2). Contrary views of the High Courts, are not good law.
Can there be more than one preliminary decree?
It is settled law that, in a partition suit, there can be more than one preliminary decree. If an event transpires after the preliminary decree which necessitates a change in shares, the Court can and should do so.
Which property is liable to attachment and sale in execution of decree?
Several types of property are liable for attachment and sale in execution of a decree like lands, houses or other buildings, goods, money, banknotes, checks, bills of exchange, hundis, government securities, bonds or other securities etc., and things on which he has a disposing power….
What is ex parte decree?
An ‘Ex parte decree’ is a decree passed against a defendant in absentia. Despite service of summons, where on the date of hearing only plaintiff does and a defendant does not appear the Court may hear the suit ex parte and pass a decree against the defendant….
What is the purpose of a pleading?
Purpose. Pleadings provide notice to the defendant that a lawsuit has been instituted concerning a specific controversy or controversies. It also provides notice to the plaintiff of the defendant’s intentions with regard to the suit.
