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Criminal Procedure Code QUESTION #9488
Question 1
A seeks specific performance of a contract to sell land. The trial Court grants a preliminary decree directing B to execute the sale deed within 60 days. B fails to do so. A applies for a final decree. B now claims the preliminary decree itself is executable and A should have executed it; hence A's application is time-barred. Is B's argument correct?
  • No; only a High Court can execute a preliminary decree
  • Yes; all decrees are executable from the date of passing
  • No; a preliminary decree is one where further proceedings remain to be taken before the suit is completely disposed of; a final decree must be passed and only thereafter executed✔️
  • Yes; a preliminary decree is fully executable immediately
Correct Answer Explanation
The definition of decree under Section 2(2) CPC distinguishes between a preliminary decree (where further proceedings must be taken before the suit is completely disposed of) and a final decree (which completely disposes of the suit). A preliminary decree in a specific performance suit requires a final decree before full execution.