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2. RELEVANT PROVISIONS
Following are the relevant provisions of C.P.C regarding the topic of decree and order.
>> Sec 2(2) for decree and order
>> Sec 2(14) for order
>> Sec 2(9) for Judgment
Order 20 Rule 1 to 6 for Decree and Judgment
I. ESSENTIALS OF DECREE
Following are the essentials of decree.
(i) Adjudication
The word adjudication refers to judicial determination of matter in controversy, and includes an ex-parte determination For an adjudication to come into the scope of decree, it must be made by a court.
(v) Conclusive
The decision should be conclusive, so far as the Court expressing it is concerned, and it may be conclusive even if the suit is still not disposed of i-c preliminary decree.
Example:
In a suit, for recovery of possession of immoveable property and rent, the part of the decree, which directs delivery of possession of property is final but the part directing an inquiry as to rent or profit
preliminary.
sec 2(2) declares that order rejecting a plaint is a decree, though there is no adjudication of the rights of the parties but by fiction of law, it is classed as decree.
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2/18/2020 Distinguish Between order, Judgment and Decree - The Law Study
ESSENTIALS OF ORDER
Following are the essentials of order.
(i) Decision
The expression decision refers to judicial
I. INGREDIENTS OF JUDGMENT
Following are the ingredients of a judgment
The evidence which person sought to produce must not be within the knowledge of that person seeking review after exercise of due diligence or he could not produce the same at the time when decree wa
passed or order made.(NLR 2006 Civil Pesh.46) 126
(i) As to Nature
Every decree is an order, but every order is not a decree.
(ii) Appeal
Ordinarily appeal lies from every decree, but order are appealable only, if provided by Sec. 104 read with order 43
(v) Classes
Decree is of five classes as provided u/s 2(2), while order may be of final or interlocutory.
(vi) Emergence
Decree cannot be emerged into an order, but every order in a case merge into a decree.
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I. AS TO EXECUTION
It is the decree or order which is capable of execution and not the Judgment.
II. FORM
Decree and order always follow the Judgment while the judgment contains the grounds of both decree and order.
III. SUPERIORITY
Judgment is superior in form and if decree or order are not in accordance with it, they may be altered.
V. APPEAL
It is the decree or order which is appealable and not the judgment.
V. KINDS
Decree and order has different kinds but that is not a case with the judgment.
8. CONCLUSION
At the end I may be said, that the decision given by the judge is called judgment which contains the grounds of decree and order.
Decree and order are analogous to each other, and by virtue of Sec. 36 of CPC provisions relating to execution of decree are also applicable to orders. The importance of decree lies in a fact, that they a
appealable and conclusively determine the rights of the parties, while it is not necessarily the case with the order but u/s 105 every order, whether appealable or not excepting appealable orders of remand, ca
be attacked in an appeal against the final decree.
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