There are several differences that exist between a Judgement, a Decree, and
an Order. Orders or decrees are the types of rulings made by a court of law. A
decree is followed by a court judgement, which is issued after the matter has
been heard. It's worth noting that the terms decree and order are
interchangeable. A court of law can issue a judgement based on a decree or
is defined as the statement made by the Judge on the basis of
a decree or order under Section 2(9) of the Code of Civil Procedure, 1908. The
reasons supplied by the court to justify the decision is referred to as a
judgement. A judgement is the court's ultimate decision on a particular topic in
the form of an action against parties.
A judgement must contain a brief explanation of the case, the point for
determination, the conclusion thereon, and all the reasons for such judgments,
according to Order 20, Rule 4(2). The judge must sign and date the judgement
while pronouncing it in court, according to Order 20, Rule 3 of the CPC. The
judge's signature binds the judgement, and it cannot be amended, except in the
event of arithmetical mistakes caused by an omission. Section 152 of the Code of
Civil Procedure contains the necessary provisions.
When Judgement Is Pronounced?
After hearing the matter, the court shall render the decision in open court
shortly after the conclusion of the hearing or on another day set by the court
for that purpose, of which the parties and their pleaders will be given adequate
notice. In circumstances where the judgement is not given on the same day, the
Court will make every effort to pronounce the judgement within 30 days of the
conclusion of the hearing. There is an exception to this norm, in which the
judgement may be prolonged to 60 days in exceptional situations.
The Elements of a Judgment
The elements of the case, reasoning, and the core contention on which the
decision is rendered should all be included in a judgement. Other than the Small
Causes Court's conclusion, the essentials of the judgment.
Small Causes Courts' Judgement
- A perfect summation of the case
- The determining factor.
- On this, a decision that has been reached.
- The reason behind such a decision.
- The Relief that has been granted.
- Decisive factor
- Thereupon, the decision
Review according to the Code of Civil Procedure
Section 114 of the Code contains provisions for judicial review. The primary
purpose is to re-examine the case's facts and rulings. While this part does not
contain the restrictions and requirements for the review, Order 47 of the Code
does, since it comprises nine rules implementing the various conditions.
The nine rules are as follows:
- Application for Review of Judgment.
- To whom a review application may be directed.
- Application form.
- When an application is denied
- Application for judicial review at a court with two or more judges.
- When an application is denied according to Rule 5.
- Rejection orders are not appealable. Objection to application granting
- Registrar of applications granted.
- Restriction on some applications
As per sec 2(2) of Code of Civil Procedure, a "decree" is a formal
adjudication's expression that conclusively recognises the parties' rights with
regard to all or some of the issues in the matter and may be either preliminary
A decree must contain the following:
A decree should not contain the following:
- Rejection of a plaint.
- Any dispute arising under Section 144 of the Code.
- Any finding from which an appeal is permissible must be construed as an
appeal from an order.
- Any order of dismissal for non-compliance.
The Fundamental Components of a DecreeAn adjudication should take place:
It is the primary aspect of a decree. A previous Judge's decision on the matter
should be included. There can be no decree in the absence of such court
The Court of Law initiates these proceedings by filing a plaint in the civil
court. As with adjudication, no decree may be obtained without a civil
complaint. Certain sections regard certain applications as suits, such as those
brought under the Hindu Marriage Act or the Indian Succession Act.
Establishing the parties' rights:
The adjudication should establish the parties' rights in a dispute. The word
"parties" refers to the plaintiff and the defendant.
Determination must be conclusive in nature:
The Court's ruling must be conclusive in character with regard to the parties'
rights. Provisional decisions are not deemed to be decrees.
A decree must contain a formal statement of adjudication: A decree must contain
a formal expression of adjudication. In other words, the court must declare its
decision officially in the way prescribed by law.
Different Types of Decrees
According to the Civil Procedure Code, there are three distinct sorts of
decrees. They are as follows:
- Preliminary Decree:
It is issued in cases where the court must first assess the parties' rights
and additional actions are required before the suit may be totally
- Final Decree:
A final decree is issued when a lawsuit is totally resolved and all issues
in dispute between the parties have been resolved.
A decree may be conclusive in one of these ways:
- If no appeal is lodged within the specified time period against the decree,
- Where the subject has been determined by the highest court by decree.
- Where the decree terminated the matter totally.
- Partially preliminary and partially final decree:
A decree is considered to be
partially preliminary or partially final if it just establishes the parties'
rights and leaves the remainder of the issues to be resolved in subsequent
According to Section 2(14) of the Code, "order" refers to the formal statement
of any Civil Court judgement that is not a decree.
The Fundamental Components of
- Formal Expression
- The term "Formal Expression" should not be construed as a decree.
- A civil court must render the decision.
Additionally, orders can be classed as follows:
- Orders that are appealable:
Orders that are appealable. Orders referred to in
Section 104 and CPC Order 43 Rule 1 are instances of appealable orders.
- Orders that are not appealable:
Orders that a party may not appeal.
- Final Order:
The final order that establishes the parties' rights.
- Interlocutory Order:
Temporary orders made by the Court throughout the case.
This enables a proper difference to be made between judgement, decree, and
current order. Both decree and order were specified in the 1908 Code of Civil
Procedure. While a decree covers adjudication, litigation, the parties' rights,
and a formal statement, an order may or may not explicitly define the parties'
rights in a suit. Judgements are the court's ultimate decisions.