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In the complex world of civil litigation, questions about decrees often arise, particularly when cases drag on through multiple stages. One common query is: What is the maximum number of final decrees that can be issued in a case? If you're involved in a prolonged suit, such as a partition dispute, understanding this can make all the difference. This post breaks down the legal position under the Code of Civil Procedure, 1908 (CPC), drawing from judicial precedents and key principles.
Disclaimer: This article provides general information based on established legal interpretations and is not a substitute for professional legal advice. Consult a qualified lawyer for your specific situation.
Under Section 2(2) of the CPC, a decree is the formal expression of an adjudication that conclusively determines the rights of parties with regard to matters in controversy. A final decree completely disposes of the suit, as opposed to a preliminary decree, which declares rights but leaves further steps pending. However, the law allows for nuanced applications, especially in suits requiring phased resolutions. S. Komathi vs M.Balasubramanian - 2024 Supreme(Mad) 2560
Courts have clarified that certain orders in execution proceedings, like those under Order 21 Rules 58 and 97-101, are treated as decrees for appeal purposes, though not always formally labeled as such. This underscores the flexible nature of decree classification. S. Komathi vs M.Balasubramanian - 2024 Supreme(Mad) 2560
The core legal finding is clear: There is no statutory or procedural cap on the number of final decrees that can be issued in a single case. Instead, the number depends on the stages needed to fully conclude the suit. This is particularly relevant in complex matters like partition suits, where multiple final decrees may be passed sequentially. Satyadhyan Ghosal VS Deorajin Debi - 1960 0 Supreme(SC) 124
Judicial wisdom reinforces this. For instance, it is settled law that there can be more than one preliminary decrees in a suit. Similarly, there can be more than one final decrees in a suit. Mahesh Kumar Kedia VS TejvangirdhanrajgirRachakonda Venkat Rao VS R. Satya Bai (D) by Lr. - 2003 6 Supreme 662
Another ruling states: It is true that any number of final decrees can be passed. Mangalagiri Khaja Mian VS Chand Bee - 2000 Supreme(AP) 266 This aligns with the principle that suits continue until fully disposed of, without artificial numerical restrictions.
Partition suits exemplify why multiple final decrees are not just possible but often necessary. The process typically unfolds in stages:
The Supreme Court has held that the suit continues to be pending until partition, that is division by metes and bounds, takes place by passing a final decree. Satyadhyan Ghosal VS Deorajin Debi - 1960 0 Supreme(SC) 124 Further, any number of preliminary decrees can be passed therein, implying parallel flexibility for final decrees. Tulashi Mallik VS Jagannath Mallik - 2019 Supreme(Ori) 72
In one case, courts affirmed that post-preliminary decree, execution proceedings face no limitation bar, allowing seamless progression to final decrees without time constraints. Rajdhar S/o. Tilakdhari VS Dhokiya W/o. Ramgopal - 2023 Supreme(MP) 1002Thottempudi Krishna Prasad VS Anne Srinivasa Rao - 2018 0 Supreme(AP) 873
The CPC promotes efficiency by envisioning a continuous process. After a preliminary decree, courts can proceed to final decree proceedings suo motu (on their own motion), without separate applications or delays. Satyadhyan Ghosal VS Deorajin Debi - 1960 0 Supreme(SC) 124 There is explicitly no time limit for initiating final decree proceedings, and such applications are not governed by the Limitation Act. Thottempudi Krishna Prasad VS Anne Srinivasa Rao - 2018 0 Supreme(AP) 873
This approach prevents fragmentation. As noted, the century old civil procedure contemplates judgments, decrees, preliminary decrees and final decrees and execution of decrees. They provide for a 'pause' between a decree and execution. A 'pause' has also developed by practice between a preliminary decree and a final decree. Rajdhar S/o. Tilakdhari VS Dhokiya W/o. Ramgopal - 2023 Supreme(MP) 1002
In compromise scenarios, a decree based on settlement can be final if it fully disposes of the suit, putting parties in possession, though fresh suits may be needed for joint remnants. Rachakonda Venkat Rao VS R. Satya Bai (D) by Lr. - 2003 6 Supreme 662
Supreme Court and High Court rulings consistently uphold multiple decrees:
Exceptions are procedural rather than statutory. Judicial discretion may limit decrees to avoid abuse, but no hard cap exists. In execution-related appeals, certain orders are deemed decrees, maintaining practice stability. S. Komathi vs M.Balasubramanian - 2024 Supreme(Mad) 2560
Composite decrees (e.g., suit + counterclaim) are treated as one for appeals, showing procedural adaptability. Hansi Town Improvement Trust VS Sham Sunder - 2024 Supreme(P&H) 508
For litigants:- Expect Phased Resolutions: In partition cases, prepare for successive decrees.- No Limitation Worries: Final decree applications can be filed anytime post-preliminary. Thottempudi Krishna Prasad VS Anne Srinivasa Rao - 2018 0 Supreme(AP) 873- Court's Role: Judges should expedite without unnecessary pauses. Rajdhar S/o. Tilakdhari VS Dhokiya W/o. Ramgopal - 2023 Supreme(MP) 1002
Legal practitioners should leverage these principles to push for continuous proceedings. Legislatures might codify multi-decree permissibility for clarity.
Understanding these nuances empowers better navigation of civil suits. Stay informed, and let judicial precedents guide your path.
References:- Satyadhyan Ghosal VS Deorajin Debi - 1960 0 Supreme(SC) 124, Thottempudi Krishna Prasad VS Anne Srinivasa Rao - 2018 0 Supreme(AP) 873, Mahesh Kumar Kedia VS Tejvangirdhanrajgir, S. Komathi vs M.Balasubramanian - 2024 Supreme(Mad) 2560, Rajdhar S/o. Tilakdhari VS Dhokiya W/o. Ramgopal - 2023 Supreme(MP) 1002, Tulashi Mallik VS Jagannath Mallik - 2019 Supreme(Ori) 72, Mangalagiri Khaja Mian VS Chand Bee - 2000 Supreme(AP) 266, Rachakonda Venkat Rao VS R. Satya Bai (D) by Lr. - 2003 6 Supreme 662
#FinalDecrees #PartitionSuits #CivilLaw
The century old civil procedure contemplates judgments, decrees, preliminary decrees and final decrees and execution of decrees. They provide for a "pause" between a decree and execution. A "pause" has also developed by practice between a preliminary decree and a final decree. ... The concern of Hon'ble Supreme Court in delays relating to drawing up of the final decrees was considered in Shub Karan Bubna v. ... The courts should not adjourn the matte....
The century old civil procedure contemplates judgments, decrees, preliminary decrees and final decrees and execution of decrees. They provide for a "pause" between a decree and execution. A "pause" has also developed by practice between a preliminary decree and a final decree. ... The concern of Hon'ble Supreme Court in delays relating to drawing up of the final decrees was considered in Shub Karan Bubna v. ... The courts should not adjourn the matte....
It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final.'' 3. ... Insofar as the adjudications made under Order 21, Rule 58 and Order 21, Rules 97 to 101, those orders are to be treated as decrees though they are not actually decrees. ... It would unsettle a large number of titles to adopt a different construction now, and whatever we might have thought if the matter had come before us as res Integra, we are not prepared to disturb a practice so....
, wherein the final decree proceedings were issued in a partition suit instituted by the respondent No.4 against the respondent No.5. ... Culmination of the facts of the case on hand would lead to conclusion that for implementation of the decrees/enforceability of the same, the limitation would start from the date of passing of the decree. ... Since in the instant case, the final decree has been passed on 07.04.1995, the applications dated 23.12.2013 and 14.11.2014 submitted by the re....
It is settled law that final decree cannot be modified or amended unless a challenge is made before the Appellate Court or a review petition is filed before the Court passing the decree. The Supreme Court in the case of State of Punjab v. ... Section 152 provides for correction of clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission. ... The notice issued to respondent No.3 has been returned on 28.03.2018 with the postal shara ‘refused’, thus re....
The century old civil procedure contemplates judgments, decrees, preliminary decrees and final decrees and execution of decrees. They provide for a “pause” between a decree and execution. A “pause” has also developed by practice between a preliminary decree and a final decree. ... It is pertinent to mention here that the decision in the case of Dr. Chranji Lal (supra) relied upon by learned counsel for the applicants is not applicable to the present case#HL_....
The next judgment relied upon by the learned counsel has been passed in Samay Singh’s case (Supra). In the aforesaid case, this issue was directly answered, however, the SLP (Civil) No. 14117 of 2019 was filed and the Supreme Court issued notice. ... Order VII Rule 6(a) (2) of the CPC enables that the Court to pronounce a final judgment in the same suit both on the original claim and on the counter-claim. Hence, the judgment as well as decree envisaged are composite judgment and decree and not separate judgments and #HL_....
However, in a given case a decree may be both preliminary and final. 8. There can be more than one final decrees. A decree may be partly preliminary and partly final. [See: Rachakonda Venkat Rao and Others vs. R. ... Therefore, she filed application for final decree in respect of 'C' schedule property alone. It is very much maintainable and any number of final decree can be passed as preliminary decree. Therefore, the court below rightly passed #HL_S....
In the case of Dwaraka Das v. ... It is settled law that final decree cannot be modified or amended unless a challenge is made before the Appellate Court or a review petition is filed before the Court passing the decree. The Supreme Court in the case of State of Punjab v. ... This decision is squarely applicable to the present case. In the present case, neither the arbitrators nor the trial court awarded pendente lite interest to the decree-holder. ... This was a case of typographical ....
The judgment was challenged before the Supreme Court and the supreme Court has in the case of P. M. Ashwathanarayana Selly and Ors. v. State of Karnafaka (supra) in para 36 on page 120 and 121 approved the final order of the Bombay High Court. ... It is further directed that until the said Article is duly amended, the petitioners shall not be required to pay more than maximum payable by persons seeking decrees in civil suits, i. e. , Rs. 15,000. 00. ... ... ( 8 ) THE Bombay High Court had issued the fo....
It is settled law that there can be more than one preliminary decrees in a suit. Similarly, there can be more than one final decrees in a suit.”
This Court held that any number of preliminary decrees can be passed therein. 8. The same view was reiterated in Ghanashyam Martha v. Brundaban Pradhan and another, (1977) AIR Orissa 154.
The fact remains that the proposed parties filed petitions to implead them as parties to the suit and were made parties to the suit after recognition of assignment in their favour and thereafter they had obtained delivery of possession of the property through Court also. It is well known that there can be number of final decrees in a suit for partition. The question as to what is the extent of land that was alienated by 1st respondent and defendants 334 and 335 in Sy.No.163, which is a part of item No.38 of schedule IV of the preliminary decree, earlier to the assignment in....
It is settled law that there can be more than one preliminary decrees in a suit. Similarly, there can be more than one final decrees in a suit.
It is true that any number of final decrees can be passed. " In such a case, if is not necessary to get the preliminary decree modified.
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