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What do you mean by decree is drawn up
28-Jun-2023 (In Civil Law)
The judgement is pronounced but the decree is drawn up . Explain
The question has been put in such a way as if somebody on the other end is taking a written test of the lawyers :) Anyways one must simply understand that a final decree always follows a judgment. In a judgment issues framed are considered on the basis of the materials and evidence on record as well as applicable laws and on the conclusion of consideration of such issues which are elaborately discussed in a judgment, the judge comes to a final decision on the merits of the case and pronounces his or her judgment by giving reasons thereof. But by virtue of our legal system, a judgment in itself is not executable and to execute a judgment a decree is drawn up in terms of the judgment. A decree only consists of the portion of the judgment to be executed and not the discussion and reasons on the basis of which the judgment was pronounced. And this is not the end of the story. To execute a decree one must file an execution suit within the prescribed limitation period as well :)
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Adv. Bidhayak Acharyya
Guwahati | 100+ Answers
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What is the meaning of draw decree accordingly?
After passing the Judgement, a Decree will be drawn. 2. Both are usually together. 3. The final decree is usually drawn following the passing of the judgment which may mention "Decree drawn accordingly".
What does draw up decree mean?
A judgment is not executable in its own right. To execute a judgement, a decree must be drafted in accordance with the judgment. The decree only contains the part of the judgment that is to be implemented and does not include the reasons and discussion on which the judgement was made.
The decree must be drawn separately and follow the judgment. There is no appeal to be made from a judgment that has not been drafted. If the decree has not been drawn up, there is no appeal against the judgement.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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