Which of the following is not an essential element of a decree?

Option A: Conclusive determination of the rights of the parties

Option B: Formal expression of adjudication

Option C: An adjudication from which an appeal lies as an appeal from an order

Option D: The adjudication must have been given in a suit before the Court

Correct Answer

Option: c

Explanation

Explanation: As per Section 2(2) of Code of Civil Procedure, 1908-“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 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 and the determination of any question within Section 144, 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.

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THE HINDU MARRIAGE ACT, 1955 (PAPER -5 Q. NO. 101 TO 134)

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THE LIMITATION ACT, 1963 (PAPER 05 Q. NO. 161 TO 200)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 07 Q. NO. 211 TO 231)

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THE INDIAN CONTRACT ACT, 1872 (PAPER – 13 Q. NO. 421 TO 455)

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THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 18 Q. NO. 681 TO 720)

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