A ________ is a formal expression which determines the interest of both the parties in a conclusive manner, with regards to any disputed matter in a civil suit. 

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JK High Court Junior Assistant Official Paper (Held On: 29 Apr, 2024)
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  1. Writ 
  2. Judgment 
  3. Decree 
  4. Petition

Answer (Detailed Solution Below)

Option 3 : Decree 
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The correct answer is Decree.

Key Points

  • A decree is a formal expression of adjudication that conclusively determines the rights of the parties with regard to all or any of the matters in controversy in a suit.
  • It is issued by a civil court and is legally binding on the parties involved in the dispute.
  • Under the Code of Civil Procedure, 1908, a decree can be preliminary or final; a preliminary decree decides the rights of the parties but does not completely dispose of the suit, while a final decree fully and finally disposes of the suit.
  • In legal terms, a decree often involves judgments regarding property, contracts, or other civil matters that require legal intervention for resolution.

Additional Information

  • Judgment
    • A judgment is the statement given by a judge on the grounds of a decree or order.
    • It explains the reasons for the court's decision and is an essential part of the judicial process.
  • Order
    • An order is the formal expression of any decision of a civil court that is not a decree.
    • Orders can be interim or final and may relate to various procedural aspects of a case.
  • Writ
    • A writ is a formal written order issued by a higher court directing a lower court, tribunal, or public authority to perform a specific act or desist from performing an act.
    • Common writs include habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
  • Petition
    • A petition is a formal written request to a court seeking judicial action on a particular matter.
    • It is often used in cases involving public interest or seeking redress for grievances.
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