A decision that finally adjudicates the rights and liabilities of the parties is a decree, even if a formal decree has not been drawn up.

D. L. MEHTA, J.

( 1 ) PETITIONER has preferred this revision petition being aggrieved with the order dated, 2-6-83 passed by the learned Additional District Judge, Jaipur City, Jaipur in the original suit. Suit was instituted for the recovery of the advances made by the plaintiff against the defendant. Issues were framed on 17-11-79. Issue No. 3 reads as under :- xx xx xx xx xx this issue was decided against the plaintiff vide order dated 2-6-83. Trial Court passed the order which reads as under :- "on issue No. 3 it is decided that the suit is barred by limitation and is liable to be dismissed and the plaintiffs calm is liable to be dismissed on that count. "

( 2 ) THIS Court, on 6-4-89 suo motu asked the parties whether the trial Courts impugned decision dismissing the suit as time barred is appealable; and, if so, whether the revision petition can be entertained? Time was allowed to the parties to study on this point.

( 3 ) MR. Kasliwal appearing on behalf of the plaintiff submitted that the suit has not been dismissed but the Court has held that it is liable to be dismissed. As such, according to Mr. Kasliwal, this is not a decree but is an interlocutory order and the revision is maintainable. He further submits that the Court has not directed that the suit be dismissed and, for this reason formal decree has not been drawn.

( 4 ) MR. Kasliwal has referred before me the Code of Civil Procedure, II Edition, by Dr. Nand Lal and invited my attention to the provisions of Sec. 2 sub-clause (2) relating to the decree. In the said book it has been mentioned, the words `formal expression appear in the definition of a decree. But, the same words formal expression appear in the definition of an order in Sec. 2 (14 ). Therefore, the presence or absence of a formal expression cannot be true criterion of the difference between the decree and an order. If it be urged that without formal expression there can be no decree, the answer is that the words appeal dismissed over the signature of the Judge is formal expression of the decision.

( 5 ) IT will not be out of place here to mention that Section 2 (2) defines decree and Section 2 (14) defines the order. Real distinction between two, definition seems to allow in the nature of the decision. Whether it is an adjudication of a particular kind or not. If the adjudication is of a nature which may determine the rights and liabilities of the parties and may some time, the proceedings then it is a decree.

( 6 ) MR. Kasliwal has also cited before me the Code of Civil Procedure by Mulla, 14th Edition. He has referred page 18 and submitted that the word formal expression has been used in the definition of the decree. He submits that all requirements of form must be complied with. He further submits that accordingly if no decree has been drawn up no appeal will lie from a judgment. He submits that in such circumstances, revision lies because, no decree has been drawn. It will not be out of place here to mention that the expression as used in Section 2 (2) implies that a decision must be one which is complete and final as regards the Court which passed it. The decree may conclusively determine the rights of the parties, although, it does not completely dispose of the suit. Mr. Kasliwal has also referred the Code of Civil Procedure by Chitaley, 10th Edition and referred to pages 12 and 13. The distinction between a decree and an order in C. P. C. is obvious. Whereas, the decree means the formal expression of adjudication which so far as regards the Court it conclusively determine the rights of the parties in all and any of the matters in controversy in the suit; the term `order means formal expression of any decision which is not a decree.

( 7 ) BEFORE dealing with the provisions of Order and decree it is necessary to deal with the definition of the judgment as given in Section 2 (9), C. P. C. Section 2 (9) defines the judgment, judgment means the statement given by the Judge of the ground