Difference Between Decree, Order and Judgement, decree and order under cpc, decree and judgement under cpc, cpc notes,

Difference between decree, order and judgment is discussed in this article. The decisions were given by the Court of law could be either decrees or orders. Here, we will discuss the difference between decree, order and judgement. A decree always follows the judgement, which is pronounced by the court. Daily numerous judgements are pronounced and decree follows the pronounced judgement of that court and took place in the courts. Both decree and order are comparable to each other.

Meaning of Decree

The general meaning of Decree under CPC is an announcement of the legal consequences of a particular act, which is brought after the hearing the merits of the Civil case from both sides of parties. And, then it is an affirmation that the court’s order has been carried out.

An appeal can be made against the decree passed in a suit but not against the judgement pronounced.

Read Also: – Meaning of Decree – Its Definition, Essentials and Amendment

Read Also: – Types of Decree under CPC

Meaning of Order 

The meaning and definition of an order have been provided under section 2(14) of the Civil Procedure Code, 1908. It means the formal expression of any decision of a civil court that is not a decree.

The starting point for order need not be a plant, it may be a simple application or petition. Thus, being a formal expression it follows that order need not conclusively determine the rights of the parties on any matter in the suit. However, it may relate to the matters in the controversy.

The essential elements of an Order

(i) Decision

The expression decision regards the judicial decision or decision by the court.

(ii) By Civil Court

The decision must be given by the Civil Court, and not by any other body.

(iii) Formal Expression

The decision delivered by the court must be formally expressed and, it should be made in precise writing, and the language used must be deliberate so that the execution of an order could be easy and possible.

(iv) Not a Decree

The order of the court especially not includes the decree from its ambit, and as such of any adjudication of a decree, cannot be an order at the same point.

Difference Between Decree and Order

 

DECREE

 

 

ORDER

 

1. The definition of “Decree” has been provided under section 2(2) of the Code of Civil Procedure, 1908.

 

 

1. The definition of “Order” is provided under section 2(14) of the Civil Procedure Code, 1908.

 

2. “Decree” means the formal expression of an adjudication which, so far as regards the Court expressing it conclusively determines the rights of the parties concerning all or any of the matters in controversy in the suit and it may be either preliminary decree or final decree.

 

 

2. “Order” means the formal expression of any decision of a civil court that is not a decree.

 

3. The suit must be initiated by the presentation of the plaint, there only the decree can be passed. 

 

3. An order may originate from the proceeding commenced before the civil court by the petition or an application.

 

 

4. There are three kinds of decree provided under CPC, preliminary, final or partly preliminary and partly final. 

 

 

4. An order can not be a preliminary order.

 

5. An appeal can be made against every decree.

 

 

5. An appeal cannot be made against every order.

 

Meaning of Judgement

The meaning and definition of judgement have been defined under section 2(9) of the Civil Procedure Code,1908. It means the statement delivered by the Judge on the grounds of a Decree or Order.

In the case of State of Tamilnadu v/s Thangaval, it was held that the judgement is the decision of a court against the particular rights and claims of the parties to combat the civil dispute submitted to it for determination.

Judgement is the final statement of the Court on the grounds of having succeeded at a decision.

A judgement must include the following elements:

1. A brief statement of facts of the case;
2. The points or issues for determination;
3. The decision on such issues and;
4. The reasons for such a decision.

Difference between Decree and Judgement

 

DECREE

 

 

JUDGEMENT

 

1. A decree is always based upon pronounced judgement. 

 

 

1. A judgement is always based upon the facts of the case.

 

2. Decree is always followed by judgement. 

 

2. Judgement is always made before the decree.

 

 

3. A decree always contains the outcome of the suit and it conclusively determines the rights of the parties concerning the controversial matter in the suit. 

 

3. A judgement always contains the facts of the case, the issues involved in the case, the pieces of evidence brought before the court, and finding on issues (which are based on evidence and arguments).

 

 

4. The definition of a decree is given under section 2(2) of the Code of Civil The procedure, 1908, in which the word “formal” has been included.

 

4. Whereas, in the definition of judgement which is given under section 2(9) of the Code of Civil procedure, 1908, the word “formal” is not included.

 

 

5. A decree is divided into three types which are preliminary, final or partly preliminary or partly final.

 

 

5. There are no types of judgement. But the judgement is always final.

 

6. After passing the decree, the suit stands completely disposed of since the rights of the parties are finally determined by the court. 

 

 

6. Judgement leads to the final disposal of the suit after the decree is drawn up.

 
Referred Books:

Similar Posts

Leave a Reply

Your email address will not be published.