What are the Essentials of Decree in CPC ?

Adjudication :

For a decision of a court to be a decree,there must be an Adjudication (a judicial determination of the matter in dispute ). A decesion on the matter of administrative nature cannot be termed as decree as it does not Judicially deal with matter in dispute .

Adjudication must be done in a Suit :

It is necessary for the decree that adjudication must be in “Suit” .The expression suit is not defined in the Code. In Hansraj Gupta V. Official liquidator of Dehradun MussorieElectric Tramway Co Ltd . The Court defined suit as a civil proceeding instituted by presentation of a Plaint.

Determination of Rights of Parties in Controversy :

The adjudication must determine the right of the parties in controversy with regard to all or any of the matter in controversy in a suit. The word Right means substantive rights of the parties and not merely procedural Rights .

Conclusive Determination :

Such determination must be of conclusive nature . Final as regard the court which passed it . Therefore an Interlocutory order which does not decide the rights of the parties finally is not a decree.

The Crucial Point which requires to be decided in such a case is whether the decision is final and conclusive in essence and substance .

Formal Expression :

There must be formal expression of  such adjudication. All the requirements of form must be complied with as given in the manner provided under Rule 6 , Rule 6A and Rule 7 of Order 20 of the Code. The decree follows the judgement and must be drawn up Separately .