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Report No. 22

28. Clause 24-Restitution.-

A suggestion has been made by the High Court of Andhra Pradesh that the adjudications under clauses 24, 26, 27, 28 and 30 should be described not as 'decrees', but as 'orders', because they would not be 'decrees' within section 2(2) of the Civil Procedure Code. But that definition has a bearing only on the question of appealability of decisions under that Code. A decree is appealable under section 96 and section 100 of the Code, whereas an order is appealable only under section 104.

But so far as appeals under the Bill are concerned, they are governed not by section 2(2) of the Civil Procedure Code, but by clause 49 of the Bill, and, therefore, the question whether the adjudications under clauses 24, 26, 27, 28 and 30 amount to "decrees" within section 2(2) of the Civil Procedure Code is not relevant. Moreover, even on a question of terminology, adjudications in matrimonial causes have been described as decrees in England [vide the (English) Matrimonial Causes Act, 1950] and that has also been the legislative practice in India. We do not consider that a departure from practice is called for.



Christian Marriage and Matrimonial Clauses Bill, 1961 Back




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