Understanding the 3 Types of Decrees Under CPC: Explained with Case Laws.

In civil law, especially under the Indian legal system, decrees play a crucial role in the final resolution of disputes. A decree is essentially the formal expression of an adjudication by a civil court that conclusively determines the rights of the parties in a suit. But not all decrees are the same—there are three types of decrees, and each carries its own legal .

 What is a Decree?

According to Section 2(2) of the Civil Procedure Code, 1908, a decree is:

"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."

So think of it as the official stamp on a judge’s final decision that brings legal closure to the parties involved.

 Types of Decrees in India

1. Preliminary Decree

A preliminary decree decides the rights of the parties but does not completely dispose of the suit. Some further proceedings are still required.

🔸 Example:

A court may declare that A and B are co-owners of a property, but the actual division (partition) of the property is left for a future date.

 Case Law:

Phoolchand v. Gopal Lal (AIR 1967 SC 1470)
The Supreme Court held that there can be more than one preliminary decree in a suit if circumstances change before the final decree is passed.

2. Final Decree

A final decree is the decree that completely and finally disposes of the suit. It often follows a preliminary decree.

🔸 Example:

After the preliminary decree determines rights, the final decree will execute the division of property or enforce specific actions.

⚖️ Case Law:

Narayanan v. Lakshmi (AIR 1953 SC 215)
The court clarified that a decree is final when nothing more remains to be decided, and the court has completed all adjudication.

3. Partly Preliminary and Partly Final Decree

This is a hybrid decree—part of the dispute is conclusively decided, while the rest needs further proceedings.

🔸 Example:

In a partition suit, the court may decide who is entitled to how much share (final), but the actual physical division (preliminary) is yet to be carried out.

⚖️ Case Law:

Ramanathan Chettiar v. Kalimuthu Pillai (AIR 1965 Mad 43)
The court acknowledged that in certain suits, a single decree may contain both final findings and provisional matters to be settled later.

 What is a Decree Order?

While a decree decides substantial rights, an order (Section 2(14), CPC) deals with procedural matters. For example, a court directing a party to submit a document is an order—not a decree.

Differences Between Decree and Order

Aspect	Decree	Order
Section	2(2), CPC	2(14), CPC
Decides	Substantive rights	Procedural points
Appeal	Usually appealable	Not all orders are appealable
Types	Preliminary, Final, Partly Preliminary & Final	Just Orders (Interlocutory or Final)

 Conclusion 

Imagine a civil suit as a journey through a courtroom drama. At the end of this legal journey, the decree is the judge’s final word, written with the ink of justice. Whether it’s a preliminary road sign, a final destination, or a mix of both, every decree shapes the legal rights of the parties involved. And through decades of case law, Indian courts have helped refine what these decrees really mean.