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DIFFERENCE BETWEEN ORDER, DECREE AND JUDGEMENT

BY – RISHABH KUMAR RAI

Defined : The word decree is defined under section 2(2) of CPC 1908 , whereas Order is defined under section 2(14) of CPC and the judgement is defined under section 2(9) of CPC

Introduction

A decree can only be passed in a suit which commenced by presentation of plaint. Whereas , “an order may originate from a suit, by presentation of plaint or may arise from a proceeding commenced by a petition or an application.”  And a judgement is “a statement given by a judge on the grounds of decree or order.”

Types : Decree may be preliminary or partly preliminary or partly final , where as Order are of two types appealable and non – appealable . Judgement is always final as it does not have any types.

Number of Order/Decree : In every suit, there can be only one decree , except in certain cases, where there are two decrees, one preliminary and one final . Whereas in a suit proceedings, number of order may be passed. Judgement is only one and final.

Essentials : In judgement – conclusive statement, reason to the passed judgement , theory applied by the judges, and relief granted if any , judgement is always in written form .

In Decree – there must be a suit, determination of rights if the parties in the conclusive nature, formal expression and there must be a decision.

In Order – formal expression which must not be a decree and a decision must be passed by court.

  • Appeal : Every decree is appealable whereas only those orders are appealed which are provided in section 104 read with order 43 of CPC known as appealable order. Judgement on the other hand is not appealable.
  • Second appeal :  The second appeal can be made against decree or even against ex-parte decree, whereas the order which is appealed once cannot be appealed again. In the case of judgement second appeal can be made against the judgement of first appellate court.
  • Determination of rights : Order can be passed by court and the rights of the parties are not taken into consideration whereas in decree the rights of the parties are determined on the basis of adjudication, and it is also one of the essential element of decree. While a decree is a final part of the judgement so the rights of the parties are to taken into consideration.
  • Conclusion – As I have already differentiated briefly between judgement, order and decree on the basis of various terms under Code of Civil Procedure. At last, Order can be passed at any stage during the suit , related to any matter whereas the decree is based on the observation which is the adjudication of the court and decree is the final part of the judgement . Judgement is the final and binding verdict of the court.
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