Difference Between Judgment, Decree, Order under Civil Procedure Code

Difference Between Judgment, Decree, Order under Civil Procedure Code,1908.

Difference Between Judgment, Decree, Order under Civil Procedure Code,1908.

Judgment

 According to Section 2(9) of the Civil Procedure Code, “judgement” means the statement given by the Judge on the grounds of a decree or order. Its contain facts and issues of the case, the evidence brought by the parties and finding on issues which are based on evidence and arguments. A judgement contains the grounds of the decree. It can be passed in both Criminal and Civil cases.

Essentials of a Judgment as per Order 20 Rule 4 of Civil Procedure Code
  1. A concise statement of the case;
  2. The points for the determination;
  3. The decision thereon; and
  4. The reason for such a decision.

The judgments of Small Cause Court includes

a) The points for determination; and

 b) The decision thereon.

Pronouncement of a Judgement

As per Rule 1 of Order XX , Pronouncement of a judgement shall be announced by the Judges in an open Court, either at once or at some future day, after providing due notice to the parties or their learned counsels. And if the judgement is not pronounced immediately then it must be pronounced within thirty days (sixty days is exceptional situations like any strike) from the date of the conclusion of the hearing.

Also Read: Injunctions and Its Effects under Civil Procedure Code, 1908

Decree

Section 2 (2) of the Civil Procedure Code, 1908 defines Decree. According to Section 2(2) of the said Act, “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 and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question w ithin section 144, but shall not include-

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          (a) any adjudication from which an appeal lies as an appeal from an order, or

          (b) any order of dismissal for default.

Explanation – A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit, it may be partly preliminary and partly final.
A decree follows the judgment, and is appealable and is passed in a civil suit only.

Essentials of a Decree
  1. A formal expression of adjudication – The formal expression of adjudication means that decree should be given in a prescribed manner (as per law) and should follow the judgment.
  2. Expression of Court – The matter must determine judicially.
  3. The Adjudication must have been given in a suit –it means if there is no suit (civil) then there can be no decree.
  4. Conclusively determines the rights of the parties – The determination should be about the rights of the parties.
  5. The adjudication must be conclusive – the determination should be final by the court which passes it.
Types of Decree

The Civil procedure code recognizes three kinds of decrees

  1. Preliminary decree– A decree is called preliminary decree when the rights (substantive) of parties are determined in the adjudication but the suit is not disposed off completely.
  2.  Final decree – A decree is called final decree when it disposes off all the matters of the suit between the parties and does not leave any matter to be decided further.
  3. Partially preliminary and partially final decree – When some part of the decree is given in preliminary and remaining in the final decree.

Difference Between Judgement and Decree:-

Order

The term Order has been defined under Section 2(14) of the Civil Procedure Code, 1908 as the formal expression of any decision of a civil court which is not a decree. An order cannot be a preliminary order and also every order is not appealable like a decree.

Essential elements of the order are as follows:
  1. An order should be a formal expression of any decision.
  2. Formal expression should not be a decree.
  3. The decision to be pronounced by a civil court.
Orders are of two kinds:
  1. Appealable orders – That kind of order given by the court which is appealable
  2. Non-appealable orders –That kind of order given by the court which is not appealable further.

Difference Between Decree and Order:-

Difference Between Decree and Order

Difference Between Judgment, Decree, Order under Civil Procedure Code,1908.

Also Read: The doctrine of Res judicata

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