1. “Decree” defined.—In this Order, unless there is something repugnant in the subject or context, the expression “decree” shall include a final order.
Order XLV Rule 1 CPC: “Decree” defined
Bare Act text
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
In simple words
In Order XLV, which deals with appeals to the Supreme Court, the expression 'decree' includes a final order, unless there is something repugnant in the subject or context. Final orders are therefore treated like decrees for the purposes of this Order.
Order XLV: Appeals To The Supreme Court
- 1 “Decree” defined
- 2 Application to Court whose decree complained of
- 3 Certificate as to value or fitness
- 4 Consolidation of suits (Repealed)
- 5 Remission of dispute to Court of first instance (Repealed)
- 6 Effect of refusal of certificate
- 7 Security and deposit required on grant of certificate
- 8 Admission of appeal and procedure thereon
- 9 Revocation of acceptance of security
- 9A Power to dispense with notices in case of deceased parties
- 10 Power to order further security or payment
- 11 Effect of failure to comply with order
- 12 Refund of balance deposit
- 13 Powers of Court pending appeal
- 14 Increase of security found inadequate
- 15 Procedure to enforce orders of the Supreme Court
- 16 Appeal from order relating to execution
- 17 Appeals to Federal Court (Repealed)