Is rejection of plaint a decree ?

0
133

Section 2(2) of the Civil Procedure Code 1908 provides that rejection of a plaint is decree.   Section 2(2) defines the term decree. According to this definition decree is the to formal expression of an adjudication which, so far as regards the court expressing it, conclusively determined 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. So on the basis of above definition it is clear that rejection of plaint is decree.

LEAVE A REPLY

Please enter your comment!
Please enter your name here