Multiple choice

Consider the following statement(s): A ‘decree’ means and includes

(i) 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 (ii) any adjudication from which an appeal lies as an appeal from an order (iii) any order of dismissal of suit for default (iv) rejection of plaint

Which of the statements given above are correct?

  1. (i) and (ii)

  2. (ii) and (iii)

  3. (i) and (iv)

  4. All of these
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Section 2(2) CPC defines 'decree' to include: (i) formal expression of adjudication conclusively determining rights, AND (iv) rejection of plaint (not just dismissal). Order 43 Rule 1 provides that certain appeals lie as appeals from decrees, and Order 22 provides that abatement and dismissal of suits for default don't qualify as decrees. Therefore, only (i) and (iv) are correct - (ii) and (iii) are expressly excluded.

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