Decree & Order!

Difference Between Decree and Order

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I. Decree

According to section 2(2), of the Civil Procedure Code:  A “decree” means 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 may be either final or preliminary.

It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include –

  • any adjudication from which an appeal lies as an appeal from an order, or
  • any order of dismissal for default.[

A decree is the official proclamation of the adjudication by the judge explaining the rights of the parties concerned with respect to the suit.

Kinds of Decree

Preliminary

Final

Party preliminary and partly final

Deemed Decree

II. Order

According to Section 2(14) of CPC: Order means the formal expression of any decision of a civil court that is not a decree.

Essential elements of order are as follows.

1. It should be a formal expression of any decision.

2. The formal expression should not be a decree. 3. The decision is to be pronounced by a civil court.

Thus, an adjudication of the court which is not a decree is an order. As a general rule, an order of a court is founded on objective considerations, and as such judicial order must contain a discussion of the question at issue and the reasons which prevailed in the court which led to the passing of the order.

Kinds of order:

1. Appealable orders – Orders against which an appeal lies.

2. Non-appealable orders – Orders against which no appeal lies.

Major Difference Between Decree & Order

  DECREE ORDER
Meaning A decree is the official proclamation of the adjudication by the judge explaining the rights of the parties concerned with respect to the suit. An order is the official announcement of the decision taken by the court, defining the relationship of the parties, in the proceedings.
Pass It is passed in a suit initiated by the presentation of a plaint. It can be passed in a suit initiated by the presentation of the plaint, application, or petition.
Deals with Substantive legal rights of the parties Procedural legal rights of the parties
Defined in Section 2 (2) of the Code of Civil Procedure Act, 1908. Section 2 (14) of the Code of Civil Procedure Act, 1908.
Ascertainment of rights It clearly ascertains the rights of the parties concerned. It may or may not clearly ascertains the rights of the parties concerned.
Number There is only one decree in a suit. There can be many orders in a suit.
Type It can be preliminary, final, or partly preliminary and partly final. It is always final.
Appeal It is normally appealable except if it is specifically barred by law. It can be appealable or non-appealable.

 

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