Difference Between Order, Decree and Judgement

The legal process in civil matters is complex and different terminologies are used to describe various judicial decisions. Understanding the distinction between Order, Decree and Judgement is essential, as these terms serve as foundational concepts within the Code of Civil Procedure, 1908 (CPC). 

Each of these terms has its own legal significance, application and interpretation and they are all central to the adjudication of civil disputes. This article will thoroughly explore the differences between these three important legal concepts, analyse their significance and provide practical examples to better understand how they operate within civil law.

Overview of Civil Procedure Code, 1908

Before delving into the distinctions between order, decree and judgement, it is important to grasp the framework of the Civil Procedure Code, 1908 (CPC). The CPC is the procedural law that governs the administration of civil justice in India. 

It lays down the rules for the conduct of civil suits, including the filing of plaints, proceedings in court, the decision-making process and the enforcement of judgements. The purpose of the CPC is to ensure that civil disputes are resolved efficiently and parties receive a fair hearing.

What is a Judgement?

A Judgement is defined under Section 2(9) of the CPC as “the statement given by the judge on the grounds of a decree or order.” In simpler terms, a judgement is the judge’s reasoning behind the court’s final decision in a civil suit. It is the final expression of the court’s opinion on the matter after hearing the arguments, examining the evidence and considering the applicable laws.

A judgement is delivered after the court has heard both parties and it forms the basis for issuing a decree or order. A judgement must include a concise statement of the facts of the case, the points for determination, the decisions on those points and the reasoning behind those decisions.

Essentials of a Judgement

The key elements that a judgement must include, as per Order XX Rule 4 of the CPC, are as follows:

1. Concise statement of the case: The judge must provide a brief summary of the facts and circumstances leading to the case.
2. Points for determination: The judgement must outline the legal issues or questions that need to be addressed.
3. Decision on each point: The judge must express his or her ruling on each of the points raised.
4. Reasons for the decision: The judge must provide a logical and legal explanation for reaching the final decision.
5. Relief granted: If the case involves a claim for relief, the judgement should specify the relief that is granted to the parties.

Pronouncement of Judgement

Once the court concludes the hearing, it is required to pronounce the judgement in open court, either immediately or on a later date fixed by the court, as per Order XX Rule 1. In cases where the judgement cannot be pronounced immediately, the court should attempt to pronounce it within 30 days, with a maximum extension of 60 days under exceptional circumstances.

A judgement must be signed and dated by the judge and, once signed, it cannot be altered except for clerical or arithmetical mistakes, as stated under Section 152 of the CPC.

Legal Precedent on Judgement

In the case of Gajraj Singh v. Deohu (1951), the court held that a judgement must be intelligible and demonstrate that the judge has applied his mind to the facts and issues of the case. A judgement that does not reflect the reasoning behind the decision is not legally valid.

What is a Decree?

A Decree is defined under Section 2(2) of the CPC as the formal expression of an adjudication by a civil court, which conclusively determines the rights of the parties in relation to all or any of the matters in controversy in a suit. Simply put, a decree is the official declaration of the court’s decision regarding the rights and obligations of the parties involved in a lawsuit.

A decree is issued after the judgement has been delivered and it can be either preliminary or final. A decree must be formally drawn up and must align with the judgement passed by the court.

Essentials of a Decree

The essential elements of a decree are as follows:

1. Adjudication: There must be a judicial determination of the matter in dispute.
2. Suit: The decree must arise from a civil suit; it cannot be issued in non-contentious proceedings.
3. Determination of rights: The decree must settle the substantive rights of the parties, not merely procedural rights.
4. Conclusive determination: The decision must be final and not subject to further adjudication, although it may be subject to appeal.
5. Formal expression: The court’s decision must be expressed formally in writing and signed by the judge.

Types of Decrees

There are several types of decrees recognised under the CPC:

1. Preliminary Decree: This is issued when the court decides the rights of the parties but requires further proceedings to fully resolve the matter. For example, in a partition suit, a preliminary decree may be passed to define the shares of the parties.
2. Final Decree: This decree fully and finally disposes of the matter in controversy between the parties. Once a final decree is passed, there is nothing left to be decided in the suit.
3. Partly Preliminary and Partly Final Decree: In some cases, a decree may be both preliminary and final. For example, in a suit for possession of property and mesne profits, the decree may be final regarding possession but preliminary regarding the determination of mesne profits.
4. Deemed Decree: Certain orders that resemble decrees but are not formally classified as such are known as deemed decrees. For example, the rejection of a plaint under Order VI Rule 11 of the CPC is treated as a deemed decree.

Legal Significance of a Decree

A decree has legally binding force and can be executed through enforcement mechanisms if the party against whom it is passed fails to comply. A decree may be appealed and an appellate court may confirm, modify or overturn the decree. The execution of a decree involves taking steps to enforce the rights determined by the court.

What is an Order?

An Order is defined under Section 2(14) of the CPC as the formal expression of any decision of a civil court which is not a decree. Orders are issued by courts in response to applications made by parties during the course of a suit or proceeding. Unlike decrees, which conclusively determine the substantive rights of parties, orders typically deal with procedural matters or interlocutory decisions.

Essentials of an Order

The key elements of an order are as follows:

1. Formal expression: An order must be formally expressed in writing by the court.
2. Non-decree: An order must be a decision that does not qualify as a decree.
3. Pronounced by a civil court: The order must be issued by a civil court during legal proceedings.

Types of Orders

Orders can be broadly categorised into two types:

1. Appealable Orders: Certain orders are appealable and parties can challenge them before a higher court. Section 104 and Order 43 Rule 1 of the CPC enumerate the orders that are appealable.
2. Non-Appealable Orders: Orders that cannot be appealed unless specifically provided for in the CPC. These are generally interlocutory orders that do not finally determine the rights of the parties.

Final and Interlocutory Orders

• Final Orders: A final order conclusively determines the rights of the parties on a particular issue or stage of the proceedings. It settles the matter completely with no further issues left for adjudication.
• Interlocutory Orders: These are temporary orders passed by the court during the pendency of a suit. They do not determine the final outcome but are issued to address procedural matters or provide interim relief to the parties. For example, an order granting or refusing an injunction is an interlocutory order.

Key Differences Between Order, Decree and Judgement

Nature

• A judgement explains the reasons for the court’s decision and serves as the basis for a decree or order.
• A decree is the formal expression of the court’s decision that conclusively determines the rights of the parties in a suit.
• An order is a formal expression of the court’s decision that does not qualify as a decree and typically addresses procedural or interlocutory matters.

Scope

• A judgement provides reasoning and addresses all issues raised in the suit.
• A decree deals with the final adjudication of the rights of the parties.
• An order deals with both procedural and substantive issues but does not finally adjudicate the rights of the parties, except in cases of final orders.

Appeal

• A decree can generally be appealed and a second appeal may also lie in certain circumstances.
• An order can only be appealed if it is specified as appealable under Section 104 and Order 43 Rule 1.
• A judgement cannot be appealed independently; only the decree or order that follows the judgement can be appealed.

Finality

• A judgement leads to the passing of a decree or order.
• A decree is conclusive and determines the rights of the parties.
• An order may or may not be final and may require further adjudication of the matter.

Here’s the table summarising key differences between order, decree and judgement:

Conclusion

Understanding the difference between Order, Decree and Judgement is essential for anyone navigating the complexities of civil law. While all three are integral to the judicial process, they serve distinct purposes. A judgement provides the legal reasoning behind the court’s decision, a decree formally resolves the rights of the parties and an order addresses procedural and sometimes substantive matters during the course of the suit. Each plays a critical role in the legal process and comprehending their differences is key to ensuring that legal proceedings are conducted efficiently and justly.