000 01354nam a2200205Ia 4500
999 _c179827
_d179827
005 20220717223012.0
008 200208s9999 xx 000 0 und d
020 _a9789387286337
082 _a340 JAI
100 _aJain, Ashok K.
245 0 _aLaw guide for judicial service examinations
245 0 _nv.3
260 _aDelhi
260 _bAscent
260 _c2018
300 _avol.3(431p.)
520 _aIf 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.
650 _aLaw
942 _cB
_2ddc