Decree means the formal expression of the adjudication ( decision) of a case. It is expressed  conclusively and it determines the rights of the parties with regards to controversies in the suit. The decree may be preliminary or final. It also includes  the rejection of a plaint and the decision of any question under section 47 or under section 144 of the Civil procedure code.

Section 47  determine the rights and liabilities of the parties in a particular case. If there is  no final decision then there is no decree, (adjudication)

Conditions: 

1.      There must be an adjudication i.e. a judicial determination of the matter in dispute

2.      The adjudication must have been given in a suit

3.      The adjudication must have determined the rights of the parties with regard to all or any of the matters in controversy in the suit

4.      Such a determination must be a conclusive determination

5.      Determination of question within Section 47 or Section 144.

Following decisions are held to be decrees:

1)      Order of abatement of suit

2)      Dismissal of appeal as time barred

3)      Dismissal of suit or appeal for want of evidence or proof

4)      Rejection of plaint for non-payment of court fees

5)      Granting or refusing to grant installment

6)      Modification of scheme under Section 92 of the Code

7)      Order holding appeal not maintainable.

Following decision which are not decrees:

1)      Dismissal of appeal for default

2)      Appointment of commissioner to take accounts

3)      order for remand

4)      order granting interim relief

5)      Return of plaint for presentation to proper court

6)      Dismissal of suit under order 23 Rule 1

7)      Refusing to wind up a company.

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