Courtroom-ready explanation of “Decree vs Order vs Judgment” with core differences, examples, and legal clarity under the Civil Procedure Code (CPC), 1908.
1. JUDGMENT (Section 2(9) CPC)
Meaning:
A judgment is the statement of reasons given by the Judge for arriving at a decision.
What it contains:
✔ Facts
✔ Issues
✔ Evidence discussion
✔ Legal reasoning
✔ Findings
✔ Final conclusion
Example:
Judge explains:
- What evidence proves?
- Who is right?
- Why the relief is allowed or refused?
End Result: Leads to Decree or Order.
2. DECREE (Section 2(2) CPC)
Meaning:
A decree is the formal expression of the final adjudication of rights of parties in the suit.
When decree is passed?
✔ Always in a suit
✔ Always after a Judgment
✔ When substantive rights are finally decided
Types of Decree:
- Preliminary – rights declared but further action required (e.g., partition, accounts)
- Final – completely disposes of the suit
- Partly preliminary & partly final
Example:
Court orders:
- The plaintiff is the owner of the property.
- Defendant is permanently restrained.
This is a Decree.
3. ORDER (Section 2(14) CPC)
Meaning:
An order is any decision of a court which is not a decree.
When order is passed?
✔ In a suit, application, or miscellaneous proceedings
✔ On procedural matters
✔ On interim issues
Example:
- Order on stay application
- Order to issue summons
- Order rejecting amendment of plaint
- Order granting temporary injunction (Order 39)
CORE DIFFERENCES (Easy Table)
| Point | Decree | Order | Judgment |
|---|---|---|---|
| Definition | Formal adjudication of rights | Decision not amounting to decree | Reasoning behind decree/order |
| Arises From | Only from a suit | Suit/application/proceeding | Judge’s reasoning |
| Contains | Final rights | Procedural/Interim decisions | Facts + Evidence + Reasons |
| Appealable? | Mostly yes (S.96) | Only specific orders (Order 43) | No direct appeal (only with decree) |
| Need of Judgment? | Must follow a judgment | May or may not follow | Must precede decree |
| Types | Preliminary/Final/Partly | Only one type | No types |
| Effect | Concludes the suit | Does not conclude suit | Basis of final decision |
SIMPLE EXAMPLE TO UNDERSTAND DIFFERENCE
Case:
Plaintiff files a suit for possession + injunction.
Judge writes reasoning → JUDGMENT
Judge then passes final decision →
“Plaintiff is owner. Defendant must vacate.”
This is the DECREE
During trial:
Court rejects defendant’s adjournment application.
This is an ORDER
Key Practical Points for Lawyers & Students
✔ Judgment explains WHY
✔ Decree tells WHAT
✔ Order handles HOW/PROCEDURE
Why this matters?
Because appeals, execution, review, revision, and limitation periods ALL depend on whether the decision is a decree, order, or judgment.
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