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DIFFERENCE BETWEEN ORDER DECREE AND JUDGEMENTS?

Here is the clear difference between Judgment, Decree, and Order under Indian civil law:

(Defined under the Code of Civil Procedure, 1908 (CPC))


1️. Judgment

Definition – Section 2(9) CPC

A Judgment is the statement given by the judge explaining the reasons for the decision.

Simple Meaning

It is the reasoning part of the court’s decision.
It explains why the court decided in a particular way.

Contains:

  • Facts of the case
  • Issues framed
  • Evidence discussion
  • Legal reasoning
  • Final conclusion

A judgment always comes before a decree.


2️. Decree

Definition – Section 2(2) CPC

A Decree is the formal expression of an adjudication which conclusively determines the rights of parties.

Simple Meaning

It is the final result of a suit.
It formally declares the rights of parties.

Types:

  • Preliminary Decree
  • Final Decree
  • Partly preliminary & partly final

Important:

  • Decree can be passed only in a suit.
  • Appeal lies against a decree (Section 96 CPC).

3️. Order

Definition – Section 2(14) CPC

An Order is the formal expression of any decision of a civil court which is not a decree.

Simple Meaning

It is a decision on procedural or interim matters.

Examples:

  • Granting injunction
  • Rejecting amendment application
  • Dismissal for default

Every decree is based on a judgment, but every order is NOT a decree.


Quick Comparison Table

BasisJudgmentDecreeOrder
MeaningReasons for decisionFinal determination of rightsOther court decisions
Defined UnderSec 2(9) CPCSec 2(2) CPCSec 2(14) CPC
Passed InSuitSuitSuit or proceeding
Appeal?No direct appealYesOnly if specified (Order 43 CPC)

Easy Memory Trick

  • Judgment = Why
  • Decree = What final result
  • Order = Other decisions

Here are some important Supreme Court judgments explaining the distinction between decree and order under the Code of Civil Procedure, 1908 (CPC):


1️. Shah Babulal Khimji v. Jayaben D. Kania

Key Principle:

  • Explained the concept of “judgment” and when an order may have the trappings of a decree.
  • Held that some orders which substantially affect rights can be treated as judgments for appeal purposes.

Importance:

Clarified difference between interlocutory orders and orders affecting valuable rights.


2️. V.C. Shukla v. State

Key Principle:

  • Distinguished between final, interlocutory, and intermediate orders.
  • Explained when an order can be treated as final in nature.

Importance:

Helps determine whether appeal lies or not.


3️. Radhy Shyam v. Chhabi Nath

Key Principle:

  • Clarified difference between judicial orders and administrative orders.
  • Explained supervisory jurisdiction under Article 227.

Importance:

Important for understanding remedies against orders.


4️. Satyanarayan Laxminarayan Hegde v. Mallikarjun Bhavanappa Tirumale

Key Principle:

  • Discussed scope of writ jurisdiction against judicial orders.
  • Clarified finality of decrees vs procedural orders.

5️. Satyadhyan Ghosal v. Deorajin Debi

Key Principle:

  • Explained concept of res judicata.
  • Distinguished between interlocutory orders and final decrees.

Core Supreme Court Principles on Decree vs Order

✔ A decree conclusively determines rights in a suit.
✔ An order may decide procedural or interim matters.
✔ Some orders may have characteristics of a decree if they finally decide rights.
✔ Appeal against decree → Section 96 CPC.
✔ Appeal against order → Only if specifically provided (Order 43 CPC).

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