Chhajju Ram Vs. Neki Ram & Others Subject matter of the case - What is the meaning of "Any other sufficient cause" and principle "of Ejusdem Generis" under Order 47 Rule 1 C.P.C. ? Facts of the case - 1. On 22nd October, 1912 one Mr. Chhajju Ram purchased certain lands of villages Kasgar and Jammi Kera from Mrs. Forbes for Rs. 42,000/- Mr. Chhajju Ram also took the possession of the above properties after the execution of the sale deed in his favour. 2. Neki Ram and others filed a suit against Chhajju Ram alleging that the execution of the above sale deed in favour of the defendant is collusive hence the same be declared null and void and the plaintiffs be given the possession of the said land on payment of Rs. 15,000/- on the basis of their preemptions. It was argued by the plaintiffs that :- i. The plaintiffs are Gaur Brahmins by caste and are the occupancy tenants of village Kasgar and were the members of Agriculture Tribes within the meaning...
What do you mean by Decree, Essentials of Decree, Kinds of Decree
What do you mean by "Decree"
According to Section 2 of Civil Procedure Code(CPC), " Decree means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with reference to all or any of the matters in controversy within the suit and should be either preliminary or final. It shall be deemed to incorporate the rejection of an plaint and therefore the determination of any question within Section 144, but shall not include:
A. Any adjudication from which an appeal lies as an approval from an order, or
B. Any order of dismissal from default.
What are the essentials of a Decree?
1. There must be an adjudication
2. Such adjudication must have been given in a suit
3. It must have determined the rights of the parties with regards to all or any or any of the matters in controversy within the suit.
4. Such determination must be of a conclusive nature
5. There must be a proper expression of such adjudication.
Kinds of Decrees (Classes)
i. Preliminary decree
ii. Final decree
iii. Partly preliminary and Partly final
Preliminary Decree
Where an adjudication decides the rights of the parties with regard to all or any of the matters in controversy in the suit, but doesn't completely dispose of the suit, it is a preliminary decree. A preliminary decree is passed in those cases in which the court has first to adjudicate upon the rights of the parties and has then to say it's hands for the nonce , until it's during a position to pass a final decree within the suit.
Final Decree
A decree may be set to be final in two ways-
a) When within the prescribed period no appeal is filed against the decree or the matter has been decided by the decree of the highest court. And
b) When the decree thus far as regards the court passing it, completely disposes of the suit.
Partly Preliminary and Partly Final Decree
A decree may be partly preliminary and partly final: e.g., in a suit for possession of immovable property with mesne profits, the court:-
I) Decrees possession of the property; and
II) Directs an inquiry into the mesne profits.
The former a part of the decree is final, while the later part is merely preliminary because the ultimate decree for mesne profits are often drawn only after enquiry, and the amount due is ascertained. In such a case, even though the decree is only one, it is partly preliminary and partly final.
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