CPC Notes:

What is a Decree?

The term “decree” has been defined under section 2(2) of the Code of Civil Procedure, 1908. The
decree is a formal expression of adjudication by which the court determines the rights of parties
regarding the matter in controversy or dispute. The decree is a decision of the court. For any decision
of the court to be a decree, the following essential elements are required:

1. There must be an adjudication.

2. The adjudication should be done in a suit.

3. It must determine the rights of parties regarding the matter in dispute.

4. The determination of the right should be of conclusive nature.

5. There must be a formal expression of such adjudication.

How many kinds of Decrees are there?

Types of decrees - 

Types of Decrees are as Follows -

i) Preliminary decree - 

   A preliminary decree is passed in those cases in which court has first to adjudicate upon the right of
the parties and then to stay its hands for the time being, until it is in a position to pass final decree in
the suit. A preliminary decree is only a stage of working out the rights of the parties which are to be
finally adjudged by A final decree.   

ii) Final decree - 

 A final decree is one which completely disposes of a suit and finally settles all questions in
controversy between parties and nothing further remains to be decided thereafter.

 A decree may be said to be final in following two ways -

  (a) when within the prescribed period No appeal is filed against the degree or the matter has been
decided by the decree of the highest Court;  and

  (b) when the decree, so far as regards the court passing it, completely disposes of the Suit.

iii) Partly preliminary and partly final decree -

            As above said a decree may be partly preliminary and partly final.  A preliminary decree is
one which declares the rights and liabilities of the parties leaving the actual result to be worked out in
further proceedings. Then as the result of further inquiries conducted pursuant to the preliminary
decree, the rights of the parties are fully determined and a decree is passed in accordance with such
determination which is final.

  a decree may be said to be final in following two ways -

  (a) where the time for appeal has expired without any appeal being filed against the preliminary
decree or the matter has been decided by the highest court.

  (b) when the time for Appeal has expired without any appeal being filed against the preliminary
decree the same stands completely disposed of.

Appeal from final decree when no appeal from preliminary decree -

           According to Section 97 of the Civil Procedure Code, Where any party aggrieved by a
preliminary decree after the commencement of this Code does not appeal from such decree, he shall
be precluded from disputing its correctness in any appeal which may be preferred from the final
decree.

Can more than one preliminary decree be passed in a single suit?

Pg 317- Sukumar Ray

https://thefactfactor.com/facts/law/civil_law/civil-procedure-code/preliminary-decree/13316/

Phoolchand v Gopal Lal AIR 1967 SC 1470

Ganduri Koteshwarnna v. Chankiri Yanadi (2011) 9 SCC 788

Parvathamma v. Munniyappa AIR 1997 Ker 37

Section 9 CPC- Suit of Civil Nature

it can be defined as if there is a suit that determines and implement the civil rights of an individual or
a group of individuals.

Section 9 of Civil Procedure Code, 1908 - The Courts shall (subject to the provisions herein
contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance
is either expressly or impliedly barred.

Explanation - I

A suit in which the right to property or to an office is contested is a suit of civil nature,
notwithstanding that such right may depend entirely on the decision of the question as to
religious rites or ceremonies.

Explanation - II

For the purpose of this section, it is immaterial whether or not any fees are attached to the
office referred to in Explanation - I or whether or not such office is attached to a particular
place.

Suits of Civil Nature 

1. Suits relating to rights of worship, and religious ceremonies etc.

2. Suits relating to accounts
3. Suits relating to recovery of arrears of rent
4. Suits relating to damages for a civil wrong
5. Suits relating to the right to property
6. Suits relating to specific relief
7. Suits relating to restitution of conjugal rights
8. Suits for office
9. Suits for declaration of title and possession 
10. Suits for the right to burial 
11. Suits for rights of franchise

Doctrine of Set Off and Counter Claim

Order 8 provides rules related to a written statement, counterclaim , set off. the law has many right
with respect to protect the interest of citizen so that no injustice can occur. so that the doctrine of set
off and counterclaim is available.

The doctrine of set off defined in rule 6 order 8. set off means a claim set up against another.

If there is any situation where the plaintiff files a suit against the defendant for the recovery of money,
but at the same time defendant also have some debt on the plaintiff so here plaintiff may claim for set
off the amount. It’s is a cross-claim between the party to the suit regarding the recovery of money.

Essential of set-off

1-) The suit is for money recovery

2-) The defendants claim must be for a certain sum of money

3-) The money must be legally recoverable

4-) set off must not exceed the pecuriary limit of court

5-) Both plaintiff and defendant must fill the same character as they fill in the plaintiff claim.

Example A file suit and claim 20,000 rs from B, B state in his written statement that a decree passed
against A, and A did not give 15,000 rs to B, so here court set off the case.

What is counter claim ?

Counter claim means a claim made by the defendant in a suit against the plaintiff.its a claim
independent of and separable from the claim of the plaintiff.

It’s cause of action against the plaintiff but in favour of the defendant. It’s is treated as plaint of the
defendant against the plaintiff.

When to file a counter claim

1-) Before an after filling the suit, but

2-) Before the defendant has delivered his defendant or

3-) Before the time limited for delivering his defence has expired.
Ashok Kumar Kalra vs wing cdr, surender Agnihotr

The court shall permit the filing of the counterclaim only after the written statement is filled but not
after the issue are formulated in some exceptional case counter claim can be filled even after the issue
are framed as so as to prevent the institution of multiple proceeding.

Defence between Set off and Counter Claim

Set off:-

1-) Set off defined in rule 6 order 8 of CPC.

2-) Set off has 2 classification

1:- equitable set off

2:- legal set off

3-) Amounting of set off must be recoverable at the date of suit.

4-) Set off must arise out of the same transaction.

Counter Claim:

1-) Counter Claim is been defined in 6A-6G order 8.

2-) Counter Claim has no such classification.

3-) Whereas counterclaim must be recoverable at the date of the written statement.

4-) it’s need not to arise out of the same transaction.