Distinction between order and decree

Order Meaning.-According to S 2.(14) of the Code of Civil Procedure ‘Order’ means the formal expression of any decision of a civil court which is not a decree. Thus the adjudication of a court which is not a decree is an order.

The adjudication of a Court of Law may either be decree or an Order and Cannot be both.

Order and decree : Distinction

There are fundamental distinctions between the two expressions-

(a) A decree can only be passed in a suit which commenced by presentation of a plaint. An order may originate from a suit by presentation of a plaint may arise from a proceeding commenced by a petition or an application.

(b) A decree is an adjudication conclusively determining the rights of the parties with regard to all or any of the matters in controversy whereas an order may or may not finally determine such rights.

(c) A decree may be preliminary or final or partly preliminary and partly final whereas an order cannot be preliminary one.

(d) Except in certain suits, where two decrees, one preliminary and the other final are passed, in every suit there can be only one decree, but in the case of a suit or proceeding, a number of orders may be passed.

(e) Every decree is appeal able, unless otherwise expressly provided,but every order is not appealable. Only those orders are apple able as specified in the code.

(f) A second appeal lies to the High Court on certain grounds from the decree passed in first appeal. Whereas no second appeal lies in case of appeal able orders.

Judgment and decree : Distinction

Judgment means the statement given by a judge of the grounds of a decree or order.

It is not necessary for a judge to give a statement in a decree though it is necessary in judgments.

Likewise, it is not necessary that there should be a formal expression of the order in the judgment, though it is desirable to do so. Rule 6.A of order 20 as inserted by the Amendment Act of 1976, however, enacts that the last paragraph of the judgment should state precisely the relief granted. Thus, a judgment contemplates a stage prior to the passing of a decree or an order, and after the pronouncement of the judgment, decree shall follow.

The decree shall agree with the judgment, it shall contain the number of the suit, the name and description of parties, their registered addresses, and particular of the claim, the relief granted and provisions as to costs(Rule 6).

The decree shall bear the date on which the judgment was pronounced and the signature of the Judge (Rule 7).