Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Preliminary vs. Final Decree (Section 2(2) CPC)
Civil Procedure & Litigation Mechanics
Definition
Preliminary Decree: A decree that declares the rights and liabilities of the parties regarding matters in controversy, but leaves further procedural steps or accounts to be completed before the suit can be completely disposed of.
Final Decree: The decree that completely and conclusively disposes of the suit after all preliminary inquiries, partitions, or adjustments are completed.
Example
In a partition suit, the court passes a preliminary decree declaring that three brothers are each entitled to a 1/3rd share; after the court commissioner divides the physical land by metes and bounds, the court passes the final decree.