Discussion
'Decree', as defined by Section 2 of the Code of Civil Procedure, 1908 does not include:-
Answer: D
A decree does not include any order of dismissal for default.
Section 2(2) of the Code of Civil Procedure, 1908 defines a decree as the formal expression of an adjudication that conclusively determines the rights of the parties. It expressly includes the rejection of a plaint and the determination of any question within Section 144, and a decree may be preliminary or final.
The same clause expressly excludes any adjudication from which an appeal lies as an appeal from an order, and any order of dismissal for default. Such an order is remedied by an application for restoration (Order IX), not by an appeal as from a decree.
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