CPCDecreeSupreme Court of India

Ghanshyam Das v Dominion of India

AIR 1984 Supreme Court 100419841 min read
The case in brief30-second read
Facts
A question arose whether a particular court order constituted a "decree" for purposes of appeal and execution. The order had characteristics of both a decree and a procedural order.
Issue
What are the essential elements that distinguish a decree from an order under the CPC?
Held
Three conditions must be satisfied for a "decree" under S.2(2):
Principle
A decision to be a 'decree' under Section 2(2) CPC must satisfy three conditions: (1) it must be a formal expression, (2) it must be an adjudication, and (3) it must conclusively determine rights of parties. Administrative or ministerial orders of court do not qualify as decrees.
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Facts

  • A question arose whether a particular court order constituted a "decree" for purposes of appeal and execution
  • The order had characteristics of both a decree and a procedural order
  • The classification determined whether appeal lay under S.96 (decree) or Order 43 (order)

Issue

  1. What are the essential elements that distinguish a decree from an order under the CPC?

Held

  • Three conditions must be satisfied for a "decree" under S.2(2):
  • Formal expression, not informal or oral
  • Adjudication: a judicial determination on merits, not administrative action
  • Conclusive determination of rights of parties regarding matters in controversy
  • Administrative or ministerial orders do not qualify even if made by a court

Ratio decidendi

A decree requires formal expression + adjudication + conclusive determination of rights. Administrative/ministerial orders fail the adjudication element and are not decrees.

Exam use

How to use it in an answer

- Key line: "In Ghanshyam Das (1984), the Supreme Court held that a decree under S.2(2) requires: (1) formal expression, (2) adjudication, and (3) conclusive determination of rights. Administrative orders of court are not decrees."

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Citation

Ghanshyam Das v. Dominion of India AIR 1984 Supreme Court 1004

Reported: AIR 1984 SC 1004; verified via standard CPC references. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.