Question

A decree can be

• A. Final
• B. Preliminary
• C. Only Preliminary not final
• D. Either preliminary or final

Hint:

Think of partition suits. The court first passes a 'preliminary decree' declaring the shares of the parties. Then, after the actual division of property, it passes a 'final decree'. This example helps remember that a decree can be either preliminary or final.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks about the types of decrees that can be passed by a civil court, based on the definition in the Code of Civil Procedure, 1908.

Step 2: Detailed Explanation:
The term 'Decree' is defined in Section 2(2) of the Code of Civil Procedure. The definition itself clarifies the types of decrees. It states:
" 'decree' means the formal expression of an adjudication which ... 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. It shall be deemed to include the rejection of a plaint ... but shall not include— (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default."
The explanation to the section further clarifies: "A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit."
A court can also pass a decree which is partly preliminary and partly final.
Therefore, a decree can be preliminary, or it can be final. Option (D) correctly captures this.

Step 3: Final Answer:
As per the definition in the CPC, a decree can be either preliminary or final.