Question

A decree can be:

• A. Final
• B. Preliminary
• C. Only Preliminary not Final
• D. Either Preliminary or Final

Hint:

Under Section 2(2) of the CPC, a decree may be preliminary, final, or partly preliminary and partly final — depending on whether it resolves some or all issues conclusively.

Answer 1

The Correct Option is D

Step 1: Understanding the Types of Decrees.
Under Section 2(2) of the Code of Civil Procedure (CPC), a "decree" is a formal expression of an adjudication which conclusively determines the rights of the parties regarding all or any matters in controversy in the suit.
A decree may be of two types: - Preliminary Decree: Determines the rights of the parties but leaves some matters to be decided in further proceedings (e.g., partition suits, mortgage suits).
- Final Decree: Completely disposes of the suit and conclusively determines the rights of the parties.

Step 2: Explanation of Other Options.
- (a) Final: Correct but incomplete, since decrees can also be preliminary.
- (b) Preliminary: Also correct but not always applicable.
- (c) Only Preliminary not Final: Incorrect — some decrees are final or may become final after certain steps.
Therefore, the correct description includes both possibilities — preliminary or final.

Step 3: Conclusion.
Depending on the nature of the case and the stage of adjudication, a decree can be either preliminary or final. Hence, option (d) is the correct answer.