Category: Judgement, Decree, Costs

ISSUE:

Whether the court, in a partition suit, has the power to pass a decree with respect to a property that was not mentioned in the plaint but later on mentioned in the written statement?

Whether a court can amend and rectify a decree is it feels that it has committed an error?

RULE:

A decree has been defined in section 2(2) as the formal expression of an adjudication which conclusively determines the right of parties with regard to all or any of the matters in controversy.

A decree can be preliminary or final or partly preliminary and partly final.

ISSUE:

When does the Limitation begin to run for filing an application to pass the final decree on stamped papers?

RULE:

Order 20 Rule 7 of CPC envisages that the decree "shall bear the day on which the judgment was pronounced, and, when the judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree".

Section 2(2) of CPC defines "decree" to mean "the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final".