What is a Decree. Full Guide (with FAQs)

The definitions of decrees are found in Section 2(2) of the Code of Civil Procedure, 1908 (CPC) as an adjudication determining the rights of the parties definitively.

What is a Decree?

• The decree is different from the judgement.
• Judgement = Reasons and decision of the judge.
• Decree = The formal written order based on that judgement, signed and sealed by the court.

Classification of Decree Types

• Preliminary Decree – rights are decided, but the case is not fully disposed of (for example, a partition suit where division is pending).
• Final Decree – completely disposes of the suit.
• Partly Preliminary and Partly Final – Some issues are settled and finally determined, while others are kept open.

When Does a Decree Come into Being?

• Civil suits only → By decree at the conclusion of the case.
• Criminal cases → They can't have a decree; it ends with a judgement, order, or sentence.
• Every contested civil case that reaches a determination ends with a decree, except those dismissed for default or withdrawn.

Is a Decree an Entirely Different Document?

Yes, Judgements being declared, court personnel draft an entirely different decree document that contains:

• Title of the case (Plaintiff vs Defendant)
• Title of the court with case number
• Ruling (who wins, what relief was granted/refused)
• Costs, interest, and further directions

For Example:

Judgement: "The defendant owes the plaintiff ₹5,00,000."

Decree: "It is decreed that the defendant shall pay the plaintiff ₹5,00,000 with 6% interest per annum."

Costs About a Decree

There is no independent "decree fee" per se. However, costs are connected with different stages of a civil suit.

    1. Court Fee (Before Decree)

• This is ruled by the Court Fees Act, 1870.
• Paid by the plaintiff at the time of suit.
• It is calculated on the value of the claim (ad Valorem).

• Court Fees Act, 1870 – India Code

  2. Costs Awarded in Decree

Under Section 35 CPC, the court can make an order describing that the losing party shall bear:

• Court fees
• Advocate's fee (according to the rules)
• Process fees (for summons and notices)

• Diverse litigation expenses

  3. For Enforcing Costs (After Decree)

• In case the decree-holder wants some enforcement (like attachment of property), s/he pays process fees.

• This, in turn, can be recovered later from the losing party.

  4. Copying Costs (Decree Document)

• To get certified copies of decrees/orders, copying fees are charged.
• As for example under the Court Fees Act,
• If subject matter ≤ ₹50 → fee eight annas.
• If > ₹50 → ₹1.

Stage of Case – Costs

Key Points to Remember

• Decree = the final outcome of a civil case.
• It is a separate formal written document from the judgement.
• There is no decree fee; however, costs are part of the decree and enforceable.
• Every civil case that reaches judgement ends in a decree except those dismissed without a trial.

Court Decree – FAQ

1. What is a decree in simple terms?

The final judicial order of the civil court about parties' rights.

2. Does every civil case result in a decree?

Yes. All civil suits must end in a decree if they are decided on merits. Cases dismissed for default can't be converted to decree, nor suits withdrawn.

3. Is there a decree included in criminal cases?

No, only judgement, order, or sentence; not decree.

4. What's the difference between judgement and decree?

Judgement gives reasons; it is the formal written order based on that judgement.

5. Who drafts the decree?

It is prepared by court staff, and the judge signs.

6. What do 'preliminary' and 'final decree' mean?

Preliminary decree: Rights have been decided, but the case is not fully closed.
Final decree: Completely disposes of the case.

7. Can a decree be more than one for a case?

Yes. Some cases (like partition) may have first a preliminary decree and later shall have a final decree.

8. Can a decree be challenged?

Yes, a decree can be appealed under the Code of Civil Procedure.

9. Is every decree concerned with money?

It may involve property rights, injunctions, divorce orders, or declarations.

10. Is there a separate fee for making a decree?

No. Court fees are given at the time of filing. Decree costs are included in the order.

11. Who pays litigation costs in a decree?

Usually, the losing party pays, but the judge can order otherwise (Section 35, CPC).

12. What is a decree holder?

Case in favour of whom the decree passed.

13. What is a judgement debtor?

Party against whom the decree passed.

14. How does one execute a decree?

By filing an execution petition in the same or another competent court.

15. What happens if the judgement debtor fails to comply?

Court may attach properties, seize assets, or order arrest in execution.

16. Is it possible for a decree to be partly in favour of both the parties?

Yes. The court sometimes partially allows and partially rejects claims.

17. Is dismissal of a suit always a decree?

A dismissal on merits is a decree; dismissal for default does not count.

18. Do all family matters also end in a decree, for instance, divorce?

Yes. The finalization of civil matrimonial cases is by a decree of divorce, judicial separation, etc.

19. Can I obtain a certified copy of the decree?

Yes. Apply with copy fees as per the Court Fees Act, 1870.

20. What is the importance of a decree?

Because it is the enforceable legal order, and, without decree, judgement cannot be executed.