Which comes first decree or Judgement?
Which comes first decree or Judgement?
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. …
Can a court pass more than one final decree in one 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 two preliminary decree be passed in a suit?
The Court observed that there is nothing in a Code of Civil Procedure which prohibits passing of more than one preliminary decree, if the circumstances justify the same and it may be necessary to do so. The Court clearly mentioned that their view is only with respect to partition suit only.
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.
What are the modes of execution of decree?
According to this section, the various modes of execution of a decree are:
- Delivery of any property which is specifically mentioned in the decree;
- Attachment and sale of property;
- Sale without an attachment of property;
- The arrest of the judgment debtor;
- Detention of the judgment debtor;
- Appointment of a receiver.
How decree is 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.
Which court can execute a decree?
district court
Who can apply for setting aside the sale in execution of a decree?
A judgment-debtor can ask for setting aside a sale in execution of a decree under section 47 C.P.C. and, in special circumstances which attract the provisions of Order XXI rule 90 he may also apply to the court to set aside the sale on the ground of material irregularity or fraud in publishing or conducting the sale …
Where any party dies after conclusion and before pronouncing of Judgement?
Neither a suit nor an appeal abates where any party to a suit or an appeal dies between the conclusion of hearing and the pronouncement of the judgment. If the parties proceed with the matter without raising any objection regarding abatement of suit or appeal, no objection can be allowed at a later stage.
Which property is exempt from attachment and sale in execution of decree?
Under this clause, the main residential building and all the other building attached to it, belonging to agriculturist, labourer or a domestic servants, are exempted from sale and attachment in execution of a decree.
When can property be attached by the court?
In the process of attachment, the court at the request of the decree-holder designates specific property owned by the debtor to be transferred to the creditor or sold for the benefit of the creditor. Sections 60 to Section 64 and Rules 41-57 of Order 21 of CPC 1908, deals with the matter of attachment of property.
What is attachment before Judgement?
Attachment before judgment is levied where the court on an application of the plaintiff is satisfied that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him (a) is about to dispose of the whole or any part of his property.
Who can issue attachment order?
Orders passed in garnishee proceedings are appealable as Decrees. Income Tax Authorities Issue Attachment Orders in terms of Section 226(3) of Income Tax Act, 1961. On receipt of this order, banker is required to remit the desired amount to income tax authorities.
