Judgement, Decree, and Order: Key Differences

Understanding Judgements

Defined under Section 2(9) of Civil Procedure code ,1908 read with rules of order xx; “judgment” means the statement given by the Judge of the grounds of a decree or order;

Essentials for Judgement 

1. Statement of Facts
2. Determination of issue/point of determination
3. Reasoning /Ratio Decendi
4. Decision

Decree Essentials and Definition

Defined under Section2(2) of Civil Procedure code,1908 as ;

(2) “decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, 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. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include—(a) any adjudication from which an appeal lies as an appeal from an order, or(b) any order of dismissal for default.

Explanation.—A decree is preliminary when further proceedings 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;

 Essentials of Decree

1. There is a description about the right of the parties.
2. Adjudication between the parties by the court
3. It is a civil Suit
4. Determines Rights of parties
5. Decree provides for Conclusive determination
6. Decree is a Formal expression

Understanding Court Orders

Defined under S2(14) of CPC,1908  “order” means the formal expression of any decision of a Civil Court which is not a decree;

Essentials of Order

1. Passed to regulate court proceedings
2.Pronouncement by a civil court
3. In a Suit
4. Formal expression in writing