Ghanshyam Das v. Dominion of India
Rule established
A decision to be a 'decree' under Section 2(2) CPC must satisfy three conditions: (1) it must be a formal expression, (2) it must be an adjudication, and (3) it must conclusively determine rights of parties. Administrative or ministerial orders of court do not qualify as decrees.
Facts
- A question arose whether a particular court order constituted a "decree" for purposes of appeal and execution
- The order had characteristics of both a decree and a procedural order
- The classification determined whether appeal lay under S.96 (decree) or Order 43 (order)
Issue
- What are the essential elements that distinguish a decree from an order under the CPC?
Held
- Three conditions must be satisfied for a "decree" under S.2(2):
- Formal expression, not informal or oral
- Adjudication: a judicial determination on merits, not administrative action
- Conclusive determination of rights of parties regarding matters in controversy
- Administrative or ministerial orders do not qualify even if made by a court
Ratio Decidendi
A decree requires formal expression + adjudication + conclusive determination of rights. Administrative/ministerial orders fail the adjudication element and are not decrees.
How to use it in an exam
- Key line: "In Ghanshyam Das (1984), the Supreme Court held that a decree under S.2(2) requires: (1) formal expression, (2) adjudication, and (3) conclusive determination of rights. Administrative orders of court are not decrees."
Source
Source: AIR 1984 SC 1004; verified via standard CPC references
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.