Critical Analysis of Section 2(2) of Code of Civil Procedure, 1908
Lead author · Corresponding
Purva Mandale
Student at Symbiosis Law School, Pune, India
Abstract
Section 2(2) of the Code of Civil Procedure, 1908 defines ‘Decree’. This section is significant for clarification relating to the nature and scope of a decree, thereby further enabling enforceability of the decrees issued by Courts. For an adjudication to be defined as a decree certain elements such as formal expression, rights of parties, decision to be declared in a suit, adjudication, and conclusive determination are essential. A decree is understood as a civil suit’s primary determinant of the rights of parties and is interpreted to be conclusive. This article aims to understand and analyze in detail Section 2(2) of the Code of Civil Procedure, 1908.