What is Deemed Decree? – Complete Details

Introduction to Deemed Decree

“An adjudication of a Court which does not formally falls under the definition of a decree as stated under section 2(2) of Civil Procedure Code 1908, but there is a legal fiction as are deemed to be a decree, therefore called it a deemed decree.”

  •  The term “deemed “ is generally used to create a statutory fiction for the purpose of extending the meaning which it does not expressly cover under C.P.C.

  In the case of CIT versus Bombay Trust corporation AIR 1930, Privy Council stated , “when a person is deemed  to be something, the only meaning possible is that whereas he is not in reality that something , the Act of parliament or the legislature requires him to be treated as if he were”

Nature and Scope

Whenever the legislature uses the word deemed in any statute in relation to a person or thing , it implies that the Legislature , after due consideration , conferred a particular status on a particular person or thing.

Deemed decree under C.P.C

  • The rejection of a plaint.
  • The determination of questions under section 144(Restitution).
  • Adjudication under order 21 rule 58.
  • Order 21 rule 98 or 100.

Rejection of a Plaint

  • Rejection of a Plaint is mention Under Order 7, Rule 11 of the C.P.C. In this Order there are Six Grounds through which the Court can Reject the plaint after presentation before Court. The grounds are –
  1. where it does not disclose a cause of action.
  2. Where the relief claimed is undervalued.
  3. Insufficient stamped paper.
  4. Suit barred by any law
  5. Where a duplicate copy is not filed.
  6. Where the plaintiff fails to comply with the provisions of Rule 9 (procedure on admitting plaint).

 

  • If the court Rejects the plaint in any of the above ground then the plaintiff can file a fresh plaint on the same cause of action.
  • Section 2(2) of the Code specifically provides that Rejection of a plaint shall be deemed to be a decree.
  • If it is not provided Under that Section as a Decree then the Rejection of a plaint will not amount to be a decree.

 Generally, Rejection of a plaint is not Decree but Section 2(2) of the Code provides it as a Decree. It creates a legal fiction as deemed to be a decree so Rejection of a plaint is a Deemed Decree.

The determination of questions under section 144(Restitution)

  • The determination of any question within Section 144 of the Code is expressly mentioned in the definition of ‘Decree’ Under Section 2(2) of the Code.
  • Restitution is deemed to be a decree under Section 2(2) of the code for the purpose of giving a right of appeal to the aggrieved party.
  • If any adjudication decides the rights of the parties with regard to matters in controversy in proceeding under that Section then it will come under the definition of 2(2) as “Deemed” to be a Decree.

Adjudication Under Order 21 Rule 58

  • Order 21 Rule 58 is Deemed to be a Decree, so appeal can filed against such Decrees.
  • Order 21, Rule 58(4) clearly declared that whatever claim or objection has been made Under this Rule shall be the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree.

Order 21 rule 98 or 100

  • Rule 98 Order 21 stated Order after adjudication and Rule 100 stated that Order to be passed upon application complaining of dispossession.
  • Both Rules comes under the provision of decree provided that both are not mentioned Under Section 2(2) of the code but still it is treated as “Deemed to be a Decree”.

Decree and Deemed Decree Distinction

 

 

Decree

Deemed Decree

1

It is defined under section 2(2) of C.P.C. as a final adjudication of rights and liability of the Parties.

As such it is not defined anywhere in the Code, but there is a legal fiction as deemed to be a Decree.

2

Any adjudication of court which fulfills the essential conditions of Section 2(2) of code are decree.

whereas it does not fulfill the essential features of a Decree as defined Section  2(2) of Code but still Deemed to be a Decree.


 

Also Read:

Order

Interpleader Suit

Decree

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