Decree and Order under Civil Procedure Code 1908

 

Introduction:

Judgments, Decree, and orders are terms that are very different in terms of meaning. In court, a judgment is a decision with finality in which a court has issued to end, close, or clear a lawsuit or prosecution. It is the last segment of an ordinary court case. Judgments thus create resolutions for controversies and determine what each party or side is obligated to do (pay charges, be imprisoned, or be cleared from all charges). These obligations are part of the content stated within the judgment. The court judge is the one who proclaims a court order. This actually tells the legal connection between the involved parties to a court case. It may also dictate what measures each or all sides must do with regard to the case.

The legal direction of Decree and Order under Civil procedure Code 1908:

An order is nothing but a judgment while a decree is a final part of the judgment. Adjudication means Judicial Determination of the matter in dispute. In other words, the court must have applied its mind on the facts of the case to resolve the matter in dispute. As per Section 2 (9), “judgment” means the statement given by the judge of the grounds of a decree or order. Every judgment should contain a concise statement of the case, the points for determination, the decision thereon, the reasons for the decision.

Decree: In a civil suit, several facts might be alleged and the court may be required to rule on several claims. In simple terms, a decree is the ruling of the court regarding the claims of the parties of the suit. For example, in a suit between A and B, A may claim that a particular property P belongs A. After hearing all the arguments, the court will rule in the favour of either A or B. The final decision of the court regarding this claim i.e. whether the property belongs to A or B, is a decree.

As per Section 2(2) of CPC, a decree is the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. It can be final or preliminary.

Essential elements of a Decree

1.      There must be an adjudication

2.      There must be a suit

3.      Rights of the parties

4.      Conclusive determination

5.      Formal expression

 

Order: As per Section 2 (14), the formal expression of any decision of a civil court which is not a Decree is Order. There are several common elements between an order and a decree which are decisions given by the court, both are adjudications, both are formal expressions.

 

 

There are substantial differences between them –

 

Form of difference	Order	Decree
Definition	An order is the official Proclamation of the adjudication by the judge explaining the rights of the parties concern respect to the suit. Section: 2 (14)	A Decree is the official Proclamation of the adjudication by the judge explaining the rights of the parties concerned with respect to the suit. Section 2(2)
Pass/go by	It can be passed in a suit initiated by presentation of plaint, application or petition.	It is passed in a suit initiated by the presentation of a plaint.
Deals with	Procedural legal rights of the parties	Substantive legal rights of parties
Ascertainment of Rights	It may or may not clearly ascertain the rights of the parties concerned.	It clearly ascertains the rights of the parties concern.
Integer/Number	There can be more many orders in a suit.	There is only one decree in a suit
Decisional Variety:	Cannot be a preliminary order	It can be preliminary, partly preliminary, or partly final.
Appeal	Only those orders which are specified as appealable in the code are appealable.	Every Decree is appealable unless an appeal is expressly barred.

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