definition of decree, at best it can be treated as a deemed decree and hence a C.M.A. alone is maintainable. The learned counsel ... inasmuch as the status of such an order is only a deemed decree and not a de
cree. The language employed under Section
endorsement to the effect that the rejection of plaint is a deemed decree under Section 2(2) of CPC, and as such CMA under Order ... definition of decree become significant. Sub-section (2) of Section 2 C.P.C. defines decree as under:
"Decree" means the formal expression
orders: an order rejecting a plaint, which is to be deemed to be a decree under the Code of Civil Procedure , is not included under ... decree.' It is thus other than a decree. In fact it is used in contradistinction to a decree for the purposes of the Code
Order 21 of the amended code has only status of "deemed decree" and not a 'decree' by itself and that such ... decree-holder, is resisted or obstructed in execution of the decree for possession with the result that the decree for possession could not be executed
this Court treated the order passed under Rule 58, as a deemed decree, in contradistinction to a decree, defined under Section 2(2) . The fact ... amended Code has only the status of 'deemed decree' and not a 'decree' by itself and that such orders
Land Acquisition Court in fact is not a decree, but is deemed to be a decree, and the reasons in the award, a judgment ... decree in the ordinary sense, but only an award deemed to be decree. We therefore hold that it is a decree under the Civil Procedure
decree". Thus, the order is declared to be a 'deemed decree' and not a 'decree' by itself.
13. Now, adverting ... amended Code has only the status of 'deemed decree' and not a 'decree' by itself and that such orders
thereof, every award of the Lok Adalat shall
be deemed to be a decree of a Civil Court or, as the case ... that every award of the Permanent
Lok Adalat shall be deemed to be a decree of a Civil Court. Section
22E(4) provides that every
Court and consequently an ex parte decree is passed and such decree is an ex parte decree. This general principle is the basis of Order ... Power to set aside decree : After decree the Court may, under special circumstances, set aside the decree, and if necessary stay or set aside execution
Section 26 (1 and it is that award which is deemed to be a decree under sub-section (2) of Sec. 26 and that ... during the pendency of the suit till the date of decree shall be deemed to be part of the subject-matter of the appeal except
