AJOY KUMAR MUKHOPADHAYA Vs. PUSPABALA CHAUDHURY AND ANOTHER

JUDGEMENT

(1.) I have had the advantage of reading the judgment of my learned brother. I regret to say that I am unable to agree in the conclusion he has arrived at.

(2.) THE question for consideration is -whether an adjudication made in pursuance of O. 20, R. 16, Civil P.C., at a time when the defendant was dead, a preliminary decree for accounts having been passed against him when he was alive, is a nullity. I have deliberately used the word 'adjudication,' and not the words 'a final decree,' for reasons which will appear from the judgment.

(3.) IT is manifest that a decree, to be a decree within the meaning of sub S. (2) of S. 2, Civil P.C., must conclusively determine the rights of the parties with regard to all or any of the matters in controversy in the suit. A decree, be it preliminary or final, must conform to the requirement that the adjudication conclusively determines the rights of the parties. A decree which conclusively determines the rights of the parties but requires further proceedings to be taken before the suit can be completely disposed of, is designated as preliminary, and final, when the adjudication upon such further proceedings completely disposes of the suit. The adjudication itself for the purpose of completely disposing of the suit, is not a decree, for, the Court has already conclusively determined the rights of the parties upon a decree in which further proceedings have to be taken for the limited purpose of completely disposing of the suit.