Is an order of dismissal of the suit for default, a decree. Give reasons for your answer.

Question: Is an order of dismissal of the suit for default, a decree. Give reasons for your answer.

Find the answer to the mains question only on Legal Bites. [Is an order of dismissal of the suit for default, a decree. Give reasons for your answer.]

Answer

When the plaintiff does not appear in the court and the suit is dismissed, it is known as a dismissal of the suit for default.

According to Section 2(2) of CPC, 1908, “decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final.

It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include—

1. any adjudication from which an appeal lies as an appeal from an order, or
2. any order of dismissal for default.

The relevant part of section 2(2) on which the question is based provides that a decree does not include an order of dismissal for default. Further, in the case of Munikrishna Reddy v. S.K. Ramaswami AIR 1969 Mad 389, the Madras High Court also held that an order dismissing the suit for default is an order and not a decree in view of the provisions made in Section 2(2) of CPC.

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