Law guide for judicial service examinations v.3

By:

Jain, Ashok K

Material type: Text

TextPublication details: Delhi; Ascent; 2018Description: vol.3(431p.)ISBN:

9789387286337

Subject(s):

DDC classification:

340 JAI

Summary: If a decree is not formally drawn up in terms of the judgment, no appeal lies from that judgment. But a misdescription of a decision as an order, which amounts to a decree, does not make it less than a decree. Under certain enactments, applications are treated as suits e.g. proceedings under the Indian Succession Act, Hindu Marriage Act, Arbitration Act, etc.. The word 'right' means substantive rights of the parties and not merely procedural rights. Thus, rights of the parties inter se relating to status, limitation, jurisdiction, frame of suit, etc. which, if decided, must have a general effect upon the proceedings in the suit, are substantive rights. An order for dismissal of a suit for default of appearance, or a mere right to sue, or a decision on an application by a person to be added as a party to the suit, are not decrees as they do not determine the rights of the parties.

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Item type	Current library	Call number	Status	Date due	Barcode	Item holds
Books	Gandhi Smriti Library	340 JAI (Browse shelf(Opens below))	Available		160631

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If a decree is not formally drawn up in terms of the judgment, no appeal lies from that judgment. But a misdescription of a decision as an order, which amounts to a decree, does not make it less than a decree.

Under certain enactments, applications are treated as suits e.g. proceedings under the Indian Succession Act, Hindu Marriage Act, Arbitration Act, etc.. The word 'right' means substantive rights of the parties and not merely procedural rights. Thus, rights of the parties inter se relating to status, limitation, jurisdiction, frame of suit, etc. which, if decided, must have a general effect upon the proceedings in the suit, are substantive rights. An order for dismissal of a suit for default of appearance, or a mere right to sue, or a decision on an application by a person to be added as a party to the suit, are not decrees as they do not determine the rights of the parties.

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