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Section 2(2) of the Civil Procedure Code defines 'Decree'. Which of the following is NOT an essential of a decree?
Answer & Solution
Correct answer: B.
1. Section 2(2) defines decree as '(i) the formal expression of an adjudication which, so far as regards the Court expressing it; (ii) conclusively; (iii) determines the rights of the parties; (iv) with regard to all or any of the matters in controversy; (v) in the suit'.
2. The ICSI text lists four **essentials of a decree**: (i) formal expression of adjudication; (ii) conclusive determination of the rights of the parties; (iii) the determination must concern matters in controversy in the suit; (iv) the adjudication should have been given in the suit.
3. There is **no essential requirement that a decree be made on the same day as the pronouncement of judgement** — Order 20 Rule 7 specifically clarifies that a decree comes into existence as soon as the judgement is pronounced, regardless of when it is sealed and signed.
4. The ICSI in-line question box confirms: 'Which is not an essential of Decree? Answer: (C) It shall be made on the same day of pronouncement of Judgement.'
_Source: ICSI CS Executive — Lesson 8, 'Decree' + question box, pp. 175-177._
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