1>>>
Definition of Order -
Defined u/s 2(14) of the Civil Procedure Code. It means the formal expression of
any decision of the Civil Court which is not a decree.
Difference between Order and Decree
(1) A Decree can only be passed in a suit which commenced by the
presentation of a plaint. An order may originate from a suit by the presentation
of a plaint or may arise from a proceeding commenced by a petition or an
application.
(2) A decree is an adjudication conclusively determining the rights of the
parties with regard to all or any of the matters in controversy; an order, on the
other hand, may or may not finally determine such rights.
(3) A decree may be preliminary or final, or partly preliminary and partly final,
but there cannot be a preliminary order.
(4) Except in certain suit, 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 paseed.
{sec 94 CPC}.
(5) Every decree is appealable, unless otherwise expressly provided, “but every
order is not appealable. Only those orders are appealable as specified in this
case.”
{sec 96 CPC}{sec 104 and 105 CPC}{order 43 rule 1}.
2>>>
Judgement defined Section 2 (9)
Judgement “means the statement given by a judge of the grounds of a decree
or order.
Essential elements of Judgement.
A concise statement of the case;
The points for determination;
The decision thereon; and
The reasons for such decision.
Difference between Judgement and decree.
As stated above, “judgement” means the statement given by a judge on 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 a judgement. It is not necessary that there
should be a formal expression of the order in the judgement, 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 judgement should state
precisely the relief granted. Thus, a judgement contemplates a stage prior to
the passing of a decree or an order, and, after the pronouncement of the
judgement, a decree shall follow.
{order 20 rule 4 - for judgement, sec 35 of CPC, decree is in proper format and
judgement is not and decree doesnot have any reason and judgement have
reason}
3>>>
Definition of Decree-
The adjudication of a court of law may be divided into two classes:
(i) decrees, and (ii) orders.
Section 2(2) of the code defines the term “decree” in the following words:
Decree means the formal expression of an adjudication which, so far as regards
the court expressing it, conclusively determines the rights of the parties which
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 plaint and the
determination of any question within section 144, but shall not include:
(a) any adjudication from which an appeal lies from an order, or
(b) any order of dismissal for default.
Explanation -
“A decree is preliminary when further proceddings 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.”
{adjudication – is a judicial decision of the court or judicial determination of the
court on the point of controversy.}{order 7 rule 11 rejection of plaint}
4>>>
Scientific Technique to memoriese CPC.