Which of the following decisions is not a decree?

Solution (By Examveda Team)

Definition of Decree:
A decree, under the Code of Civil Procedure (CPC), is a formal expression of an adjudication which, so far as regards the subject-matter of the suit, conclusively determines the rights of the parties involved. It disposes of the suit or a substantial part of the suit, resolving the main issues in a case.

Correct Answer: Option A - Order of abatement of suit
An order of abatement of suit refers to the termination of a suit due to events like the death of one or more parties involved. It does not address the merits or the substantive issues of the case. This order merely stops the proceedings and does not determine the rights of the parties or dispose of the suit. Therefore, it is not a decree.

Explanation of Other Options:
Option B: Dismissal of appeal as time-barred - The dismissal of an appeal because it was filed after the statutory time limit is a final determination regarding the appeal. This decision disposes of the appeal on procedural grounds, thus it is considered a decree.

Option C: Rejection of plaint for non-payment of court fee - The rejection of a plaint due to non-payment of court fees is a final determination that prevents the suit from proceeding. Since this decision conclusively addresses whether the suit can be initiated, it is classified as a decree.

Option D: Order refusing to set aside sale - An order refusing to set aside a sale is a final adjudication on the rights of the parties regarding the sale in execution proceedings. This decision conclusively determines the outcome of the sale issue, and thus, it is a decree.

Conclusion:
The only option that does not represent a final determination of the rights of the parties regarding the subject matter of the suit (or a substantial part thereof) is Option A: Order of abatement of suit. It halts the suit without deciding the merits of the case, making it not a decree.