Question

A decree can be

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

Hint:

Understand the difference: A preliminary decree decides the rights of the parties but doesn't completely dispose of the suit (e.g., decides shares in a partition suit). A final decree is passed after the preliminary stage is over and completely disposes of the suit (e.g., allocates specific properties after shares are decided).

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The Code of Civil Procedure, 1908 (CPC) defines a "decree" in Section 2(2). The definition itself and the explanation attached to it clarify the different types of decrees.

Step 2: Detailed Explanation:
The Explanation to Section 2(2) of the CPC states:
"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. It may be partly preliminary and partly final."
This shows that a decree is not of a single type. It can be:
- Purely preliminary (e.g., a decree for accounts).
- Purely final (e.g., a decree dismissing a suit).
- Partly preliminary and partly final (e.g., a decree in a suit for possession and mesne profits).
Therefore, a decree can be either preliminary or final. Option (D) is the most comprehensive and accurate description.

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