Question

Which of the following is not a form of decree under the Code of Civil Procedure, 1908?

• A. Preliminary decree
• B. Final decree
• C. Interlocutory decree
• D. Ex parte decree

Hint:

The CPC recognizes 'decrees' (which are final and conclusive) and 'orders' (which are often procedural or interim). There is no such category as an "interlocutory decree"; there are only interlocutory orders.

Answer 1

The Correct Option is C

Section 2(2) of the CPC defines a 'decree' and its types. A decree can be: \[\begin{array}{rl} \bullet & \text{**Preliminary:** When further proceedings have to be taken before the suit can be completely disposed of.} \\ \bullet & \text{**Final:** When such adjudication completely disposes of the suit.} \\ \bullet & \text{Partly preliminary and partly final.} \\ \end{array}\] An **Ex parte decree** is a final decree passed when the defendant does not appear. The term "Interlocutory decree" is not used or defined in the CPC. The CPC recognizes "Interlocutory Orders" (under Order XXXIX), which are interim orders that do not conclusively determine the rights of the parties and are therefore distinct from decrees.