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OMKARSINGH V/S MAN SINGH 1993 J.L.J. 485 The definition of "decree" shows that there should be a formal expression of an adjudication which so far as regards the court expressing it conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit, which includes rejection of paint also, while determining whether it is a decree or not, it is the substance rather than the form which should be looked at.The essence is the nature of the decision whether it is an adjudication of a particular kind or not rather than the manner of its expression.A decision holding that a suit is not maintainable, conclusively determines the rights of the parties in the suit such an adjudication on a preliminary point raised by a defendant in a suit really results in the dismissal of the suit on that point alone, it thus amounts to a formal expression conclusively determining the rights of the parties and is a decree Similarity an order striking the names of one or more defendants also amounts to a decree, in case it conclusively determined the rights between the parties.A Division bench. of the High Court of M. P in New India insurance company V/S state bank of India 1984 M PW N 143, has held that an order dismissing a suit against one of the defendants being no cause of action against him amounts to a decree under section 2 [2].and therefore appealable.
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Copyright © 2001 rajeev bhatjiwale
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