Question: Is the rejection of a plaint, a decree? Give reasons for your answer. Find the answer to the mains question only on Legal Bites. [Is the rejection of a plaint, a decree? Give reasons for your answer.] Answer According to Section 2(2) of CPC, 1908, “decree” means the formal expression of an adjudication which, so far as regards… Read More »

Question: Is the rejection of a plaint, a decree? Give reasons for your answer. Find the answer to the mains question only on Legal Bites. [Is the rejection of a plaint, a decree? Give reasons for your answer.] Answer According to Section 2(2) of CPC, 1908, “decree” means the 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 and may...

Question: Is the rejection of a plaint, a decree? Give reasons for your answer.

Find the answer to the mains question only on Legal Bites. [Is the rejection of a plaint, a decree? Give reasons for your answer.]

Answer

According to Section 2(2) of CPC, 1908, “decree” means the 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 and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144.

The rejection of plaint is deemed to be a decree within Section 2(2) of CPC, 1908. Only two orders are excluded – (a) any adjudication from which an appeal lies as an appeal from an order and (b) any order of dismissal for default. Hence, by the fiction of law, the rejection of a plaint is deemed to be a decree and not merely an order.


Important Mains Questions Series for Judiciary, APO & University Exams

  1. CPC Mains Questions Series: Important Questions Part – I of X
  2. CPC Mains Questions Series: Important Questions Part – II of X
  3. CPC Mains Questions Series: Important Questions Part – III of X
  4. CPC Mains Questions Series: Important Questions Part – IV of X
  5. CPC Mains Questions Series: Important Questions Part – V of X
  6. CPC Mains Questions Series: Important Questions Part – VI of X
  7. CPC Mains Questions Series: Important Questions Part – VII of X
  8. CPC Mains Questions Series: Important Questions Part – VIII of X
  9. CPC Mains Questions Series: Important Questions Part – IX of X
  10. CPC Mains Questions Series: Important Questions Part – X of X
Updated On 2021-11-16T06:45:23+05:30
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