What are the distinctions between ‘preliminary decree’ and ‘final decree’?

• Preliminary Decree: A decree that ascertains the rights and liabilities of the parties but does not completely dispose of the suit. Further proceedings are required to implement the rights declared.
• Final Decree: A decree that completely disposes of the suit by determining all rights and granting relief. No further judicial determination is necessary.

2. Nature and Scope

• Preliminary Decree: It lays down the foundation for the final decree but does not execute the relief.
• Final Decree: It conclusively determines the rights and ensures enforceability.

3. Examples of Cases

• Preliminary Decree:

  • Partition suits (Order 20 Rule 18 CPC): A preliminary decree declares the shares of parties, and a final decree is drawn after partition is effected.
  • Accounts suits (Order 20 Rule 16 CPC): A preliminary decree directs accounts to be taken, and a final decree follows once accounts are settled.
  • Foreclosure suits (Order 34 CPC): A preliminary decree fixes the time for redemption; a final decree is passed if redemption is not made.

• Final Decree:

  • When actual possession is delivered in a partition suit.
  • When accounts are fully settled in an accounts suit.
  • When the property is sold or foreclosure is made absolute in a mortgage suit.

4. Execution and Appeal

• Preliminary Decree: It is not executable but can be appealed separately.
• Final Decree: It is executable and determines the ultimate relief.

5. Multiplicity of Decrees

• Preliminary Decree: There can be multiple preliminary decrees in a suit.
• Final Decree: There is only one final decree.

6. Landmark Judgments

• Shankar v. Chandrakant (1995): The Supreme Court held that a preliminary decree is only an intermediate step and requires further proceedings to attain finality.
• Phoolchand v. Gopal Lal (1967): The Court ruled that multiple preliminary decrees may be passed if necessary for effective adjudication.

The preliminary decree merely declares rights, while the final decree conclusively determines and executes those rights. Understanding this distinction is essential for proper application in civil litigation, particularly in suits for partition, accounts, and mortgage redemption.

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