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Decree Order Judgment

This document outlines the distinctions between Decree, Order, and Judgment under the Code of Civil Procedure, 1908. A decree conclusively determines rights, an order is a decision that does not amount to a decree, and a judgment provides the reasoning behind a decree or order. Landmark cases are cited to illustrate key features and definitions of each term.

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8 views

Decree Order Judgment

This document outlines the distinctions between Decree, Order, and Judgment under the Code of Civil Procedure, 1908. A decree conclusively determines rights, an order is a decision that does not amount to a decree, and a judgment provides the reasoning behind a decree or order. Landmark cases are cited to illustrate key features and definitions of each term.

Uploaded by

bhaveshshrimali011
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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Distinction Between Decree, Order, and Judgment

This document explains the differences between Decree, Order, and Judgment under the Code of
Civil Procedure, 1908 (CPC). It includes definitions, key features, types, and landmark cases.

1. Decree (Section 2(2) CPC)

A decree is the formal expression of an adjudication that conclusively determines the rights of the
parties in a suit.

Key Features:
- Must be a formal adjudication by a court.
- Determines rights conclusively.
- Can be preliminary, final, or partly both.

Landmark Cases:
- Narayan Chandra Ghosh v. UCO Bank (2000) - A decree must conclusively decide rights.
- Sital Parshad v. Kishori Lal (1967) - If adjudication lacks conclusiveness, it's not a decree.
- Phool Chand v. Gopal Lal (1967) - A decree must be drawn separately from judgment.

2. Order (Section 2(14) CPC)

An order is the formal expression of a decision that does not amount to a decree.

Key Features:
- May not conclusively determine rights.
- Can be interlocutory or final.
- Only certain orders are appealable.

Landmark Cases:
- Firm Ramchand Manjimal v. Firm Goverdhandas (1920) - Every judicial decision is either a
decree or an order.
- Shiv Shakti Coop. Housing Society v. Swaraj Developers (2003) - Order lacks final
determination.
- Radhey Shyam v. Chhabi Nath (2015) - Orders must be appealable under CPC.

3. Judgment (Section 2(9) CPC)

A judgment is a statement by a judge that contains the grounds of a decision.

Key Features:
- Explains reasoning behind a decree or order.
- Must contain facts, legal points, and findings.
- Cannot be appealed separately.

Landmark Cases:
- Balraj Taneja v. Sunil Madan (1999) - A judgment must be written with reasons.
- Surendra Singh v. State of UP (1954) - Judgment must be pronounced in open court.
- State of Punjab v. Jagdev Singh Talwandi (1984) - Judgment alone has no enforceability.

Conclusion:
- A judgment explains the reasoning behind a decision.
- A decree conclusively determines rights in a suit.
- An order is any other decision that does not amount to a decree.

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