Decree — Definition & Legal Meaning in India

Also known as: Court decree

Legal Glossary Civil Procedure Decree civil procedure CPC 1908
Statute: Code of Civil Procedure, 1908, Section 2(2)
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A decree under section 2(2) of the Code of Civil Procedure, 1908 is the formal expression of an adjudication conclusively determining the parties’ rights on all or some matters in controversy in a suit, so far as the court expressing it is concerned.

First published: 27 March 2026. Substantively reviewed: 1 November 2026 (IST).

A decree may be preliminary, final, or partly both. It includes rejection of a plaint and determination of a question under section 144. It excludes an adjudication appealable as an order and a dismissal for default. A preliminary decree leaves further proceedings before complete disposal; a final decree completely disposes of the suit.

Source: Code of Civil Procedure, 1908, Section 2(2) — official High Court-hosted text.

Practical significance

Read what the adjudication actually decides instead of relying only on its document heading. The distinction affects which procedural route must be examined next. This definition does not supply a universal appeal deadline or decide that every judicial decision is a decree.

This entry explains the central provision. Applicable State amendments, High Court rules and any special statutory procedure must be checked for a particular proceeding.

Frequently asked questions

Can a decree be preliminary?

Yes. Further proceedings may remain necessary before the suit can be completely disposed of.

Is dismissal for default included?

No. Section 2(2) expressly excludes an order of dismissal for default.

Is rejection of a plaint included?

Yes. It is expressly deemed included in the definition.

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