What are the types of Decree?

What are the types of Decree?

The Code of Civil Procedure recognises the following three types of decrees.

• Preliminary Decree.
• Final decree.
• A partly preliminary and partly final decree.

Is decree appealable?

A decree is given in a suit initiated by the presentation of a plaint. 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.

Can there be two final decree in a suit?

A decree may be partly preliminary and partly final. It is settled law that there can be more than one preliminary decrees in a suit. Similarly, there can be more than one final decrees in a suit.

Can compromise decree be challenged?

It is no doubt well established that a compromise decree cannot be challenged except before the Court that passed the decree. But the question is whether in the present… case, the decree, which has been sought to be challenged in a separate suit, was a compromise decree or not.

Is rejection of plaint a decree?

a decision rightly or wrongly given was an order of rejection of a plaint and an order of rejection of a plaint is a decree as defined in Section. 2 of the Code. If the plaintiff felt aggrieved by this order his remedy lay either by an application under O 47, R (1) or by filing an appeal against it.

When can a court reject a plaint?

The relief claimed in the plaint is undervalued [Rule 11(b)] Under Rule 11(b), if the plaint presented has the claim undervalued then the court can prescribe a time frame within which the relief claimed has to be correctly valued, (in case) failing in doing so, the court can reject the plaint.

When can plaint be rejected?

Grounds on whicha plaint can be rejected Where the suit appears from the statement in the plaintiff to be barred by any law; Where it is not filed in duplicate; Where the plaintiff fails to comply with the provisions of Rule 9 [ORDER7 , RULE 11].

When can a suit be dismissed?

The Supreme Court in Alka Gupta Vs. Narender KUmar Gupta, held that a suit cannot be dismissed without trial merely because the court feels dissatisfied with the conduct of the plaintiff. 17. The Code enumerates the circumstances in which a civil suit can be dismissed without trial.

What is the difference between set off and counter claim?

Set-off is a statutory defence to a plaintiff’s action, whereas a counterclaim is substantially a cross-action. Set-off must be for an ascertained sum or must arise out of the same transaction as the plaintiff’s claim. A counter-claim need not arise out of the same transaction.

On what grounds your civil suit can be rejected?

Grounds of rejection of the plaint. A plaint can be rejected by the Court if it does not mention a cause of action which is to be taken by the plaintiff against the respondent. It is perceived as an abuse of the process of the Court. Without a cause of action, a civil suit cannot arise.

Can dismissed cases be reopened?

Only a prosecutor can reopen a case that was dismissed. If the case was dismissed with prejudice, no one can reopen it. In federal court the statute of limitations for most crimes is 5 years from the date of the offense…