What is a decree under the Civil Procedure Code, 1908 ?

"Decree" is defined in Section 2(2) of the Civil Procedure Code, 1908 (Code) as: (i) the formal expression of an adjudication which, so far as regards the Court expressing it; (ii) conclusively; (iii) determines the rights of the parties; (iv) with regard to all or any of the matters in controversy; (v) in the suit and may be either preliminary (i.e., when further proceedings have to be taken before disposal of the suit) or final. The decree shall be deemed to include the rejection of a plaint and the determination of any question within Section 144 (application for restitution) of the Code. But decree does not include: (a) any adjudication from which an appeal lies as an appeal from an Order, or (b) any order of dismissal for default. According to the explanation to the definition, a decree may be partly preliminary and partly final. A decree comes into existence as soon as the judgement is pronounced and not on the date when it is sealed and signed. (Order 20 Rule 7) A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. The preliminary decree is not dependent on the final. On the other hand, final decree is dependent and subordinate to the preliminary decree, and gives effect to it. The preliminary decree ascertains what is to be done while the final decree states the result achieved by means of the preliminary decree. If the preliminary decree is set aside the final decree is automatically superseded.