📜 Short Notes on Decree in Civil Procedure Code & Limitation Act
1. Definition under Civil Procedure Code, 1908
According to Section 2(2) of the Civil Procedure Code, 1908, a Decree is the formal expression of an adjudication which conclusively determines the rights of the parties regarding all or any of the matters in controversy in the suit. It may be:
- Preliminary Decree – Determines the rights but not completely disposes of the suit.
- Final Decree – Completely disposes of the suit.
- Partly Preliminary and Partly Final
2. Essential Elements of a Decree
- Formal expression of adjudication
- Conclusive determination of rights
- Pronounced in a suit
- Must be appealable unless barred
3. Types of Decrees
- Ex-parte Decree – Passed in absence of defendant
- Consent Decree – Based on agreement of parties
- Preliminary & Final – Based on nature of suit
4. Decree vs Order
A Decree is conclusive and appealable, while an Order may not always be appealable. Decree arises from a suit; order may arise from other proceedings.
5. Limitation Act, 1963 and Decree
Under the Limitation Act, 1963, the limitation period to execute a decree (except for mandatory injunctions) is:
- 12 years from the date the decree becomes enforceable – as per Article 136 of the Schedule.
- For mandatory injunctions – 3 years as per Article 137.
✅ Note:
Decrees that are not executed within the limitation period become time-barred and cannot be enforced legally.
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