What is a Preliminary Decree?
A preliminary decree is a judicial determination that conclusively decides the rights of parties with respect to the matters in issue but does not completely dispose of the suit. It lays down the framework for further proceedings and is followed by a final decree that concludes the case entirely.
Legal Definition:
As per Section 2(2) of the CPC, a decree includes a preliminary decree, a final decree, or partly preliminary and partly final.
Key Features of a Preliminary Decree
- It settles substantial rights of the parties.
- The court must pass another decree (a final one) to complete the suit.
- It is appealable, just like a final decree.
- It does not grant immediate enforcement of rights, but it leads to that stage.
- There can be multiple preliminary decrees in the same suit under certain conditions.
Common Situations Where Preliminary Decrees Are Passed
1. Partition Suits (Order 20 Rule 18 CPC)
When parties seek partition of joint property, the court first declares their respective shares through a preliminary decree. Later, it passes a final decree to divide the property physically.
2. Suits for Possession and Mesne Profits
Here, the court may pass a preliminary decree declaring the right to possession and order inquiry into mesne profits.
3. Administration Suits (Order 20 Rule 13 CPC)
In cases involving administration of a deceased person’s estate, the preliminary decree directs the executor or administrator on how to proceed with distribution.
4. Suits for Accounts (Order 20 Rule 16 CPC)
The court may determine liability to account first, followed by the actual accounting process.
Relevant Case Laws
Phool Chand v. Gopal Lal (AIR 1967 SC 1470)
The Supreme Court held that more than one preliminary decree can be passed if new facts emerge or parties’ rights change due to legislation or death.
Narayan v. Krishnamurthi (AIR 1963 SC 1598)
This case clarified that a preliminary decree does not dispose of the entire suit and the court retains jurisdiction until the final decree.
Difference Between Preliminary and Final Decree
| Feature | Preliminary Decree | Final Decree |
|---|---|---|
| Nature | Decides rights, not enforcement | Enforces rights and concludes the suit |
| Executability | Not executable | Executable |
| Dependency | Requires a final decree | Stands independently |
| Appeal | Can be appealed | Can be appealed |
