How are judgment, order, and decree different?
October 13,2023
This article is written by Adv. Simran Acharya and this article is focus on, what do you mean by judgment, order and decree. And what are the essential elements of it? And its various kinds.
And this article has been published by Adv. Prakash Chand Sharama.
How Judgment, Decree and Order are Different?
It's important to understand the differences between Judgement, Decree, and Order in the legal system. Generally, decisions made by a court of law fall into one of two categories: orders or decrees. A decree is issued by a court after hearing a case, and is followed by a judgment. It's worth noting that decree and order are similar in nature. Ultimately, a judgment is made by the court based on either a decree or an order.
1. Judgment:-
Under Section 2(9) of the Code of Civil Procedure, 1908, a judgment is defined as the statement given by the judge on the grounds of a decree or order. It refers to the court's reasoning that supports the decision made. A judgment is considered the final decision of the court in the form of a suit towards parties. As per Order 20, Rule 4(2), a judgment is required to contain a concise statement of the case, the point for determination, the decision thereon, and all the reasons for such decisions. Additionally, Order 20, Rule 3 of CPC states that the judgment must be signed and dated by the judge while declaring it in the court. Once signed, the judgment is not allowed to be amended except in cases where there are arithmetical errors due to accidental omission, as per Section 152 of the Code of Civil Procedure.
2. Judgment when Pronounced:-
As per the Code of Civil Procedure, the court is required to deliver the judgment in the open court soon after the completion of the hearing or on another day fixed by the court for that purpose, of which due notice will be given to the parties and their pleaders. In cases where the judgment is not delivered on the same day, the court must make every attempt to pronounce the judgment within 30 days from the date on which the hearing was concluded. However, under extraordinary circumstances, the judgment might be extended to 60 days.
As per Order 20, Rule 4 of the Code of Civil Procedure, a judgment, other than that of the Small Causes Court, is required to contain the following essentials:
1. A concise statement of the case.
2.Point for determination.
3.Decision thereon.
4.Reason for such decision.
5. Relief granted.
However, in case of a judgment delivered by the Small Causes Court, it is required to contain only the point for determination and decision thereon, as per Order 20, Rule 5 of the Code of Civil Procedure.
3 . Decree:-
Under Section 2(2) of the Code of Civil Procedure, 1908, a decree is defined as the formal expression of an adjudication which 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. A decree must include the following:
1. Rejection of a plaint
2. Determination of any question under Section 144 of the Code.
However, it's important to note that a decree shall not include any order of dismissal for default. Such orders do not finally determine the rights of the parties and are considered procedural in nature.
4. Essential Elements of a Decree:-
In order to be considered a decree, there must be certain essential features that must be present. These essential features are:
1. Adjudication: It is the most essential feature of a decree. There should be a former decision of the judge on the dispute. In the absence of such a judicial determination, there can be no decree.
2. Suit: A suit is a proceeding that is instituted in the court of law by filing a plaint in the civil court. Similar to adjudication, there can be no decree without a civil suit. There are specific provisions that treat certain applications as suits, like proceedings under the Hindu Marriage Act and Indian Succession Act.
3. Determining the rights of the parties: The adjudication should determine the rights of the parties in a dispute. The term parties refer to the plaintiff (person instituting the suit) and the defendant (person against whom the suit has been filed).
4. Determination must be conclusive in nature: The determination held by the court should be conclusive relating to the rights of the parties. The provisional decisions are not considered a decree.
5. Formal expression: To be a decree, there must be a formal expression of adjudication. In other words, the court must formally express its decision in the manner laid down by law.
5. Types of Decree:-
Under the Civil Procedure Code, there are three types of decrees that are recognized. These are:
1. Preliminary Decree: A preliminary decree is passed in cases where the court has to first adjudicate upon the right of the parties, and further proceedings need to take place before the suit is in a position to be completely disposed of. The purpose of a preliminary decree is to decide the questions in controversy between the parties so that further proceedings can be taken to finally dispose of the suit.
2. Final Decree: A final decree is passed where a suit is completely disposed of, and all the questions in controversy between the parties are finally settled, and there is nothing remaining to be decided on. A decree may be final in two ways:
a. Where it completely disposes of the suit, or
b. Where it partially disposes of the suit and leaves some of the matters to be decided in further proceedings.
3. Partly Preliminary and Partly Final Decree: A partly preliminary and partly final decree is passed in cases where the court decides some of the questions in controversy between the parties, but further proceedings are required to decide the remaining questions.
6. Order:-
Under Section 2(14) of the Code of Civil Procedure, an order is defined as the formal expression of any decision of a civil court, which is not a decree. The essential elements of an order are:
1. Formal Expression: An order must be a formal expression of any decision made by the civil court.
2. Formal Expression should not be a decree: An order should not be a decree. A decree is a formal expression of an adjudication that conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit.
3. The decision must be pronounced by a civil court: An order must be pronounced by a civil court. It cannot be a decision made by any other authority or person.
It is important to note that an order may be interlocutory or final, depending on whether it decides any of the questions in controversy between the parties or not. An interlocutory order is one that is passed during the pendency of the suit and does not decide any of the questions in controversy between the parties. A final order, on the other hand, is one that is passed at the end of the suit, and disposes of all the questions in controversy between the parties.
Orders passed by a civil court can be classified into different types. These are:
1. Appealable orders: These are orders against which an appeal lies. Examples of appealable orders are those mentioned under Section 104 and Order 43 Rule 1 of the CPC.
2. Non-appealable orders: These are orders against which a party cannot file an appeal.
Orders can also be classified into:
1. Final order: A final order is an order that finally determines the rights of the parties. It disposes of all the questions in controversy between the parties and concludes the suit.
2. Interlocutory order: An interlocutory order is a provisional order passed by the court in the course of the litigation. It does not dispose of the suit finally but only decides some of the questions in controversy between the parties. Examples of interlocutory orders are those passed for the purpose of discovery, inspection, or security for the costs of the suit.
8. Conclusion:-
At the end the conclusion we will able to know that the Code of Civil Procedure, 1908 defines both decree and order. While a decree deals with the adjudication, suits, rights of the parties, and a formal expression, an order may or may not clearly ascertain the rights of the parties to the suit. An order is a formal expression of any decision of a civil court which is not a decree. Judgments, on the other hand, are the final decisions of the court. They refer to the reasoning given by the court in order to support the decision, and they are the final decision of the court on the said matter in the form of a suit towards parties. In summary, judgments are the reasoning given by the court to support the decision, decrees are the formal expression of the adjudication which conclusively determines the rights of the parties, and orders are the formal expressions of any decision of a civil court that are not decrees and may or may not clearly ascertain the rights of the parties to the suit.
9. Researcher and Writers:-
Intellectual Property Owner:-Techalam Legal Solution LLP*,
Author & Writer:- Simran Acharya*(B.Com, LLB, LLM, Adv.), Adv. Naya Jain **(LLB, ADV)
Researcher & Scientific Work:- Prakash Chand Sharma***
Technology & Intelligence Director:- Devendra Choudhary******
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