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CIVIL PROCEDURE CODE

Decree, Order and Judgement

Submitted by: Anjali Raj

PRN: 2017033800068644
Roll no: 722005
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INTRODUCTION
The plan of the Civil Procedure Code is it unites the law identifying with system of Civil Courts. The Sections
contain the central standards, and consequently make purview thus a meaningful law while the Rules manage
the itemized method concerning how the ward ought to be worked out. The principle object of this common
methodology code is to combine and change the laws identifying with the techniques of the Court of Civil
Judicature. It gathers every one of the laws that ought to be received by the common courts. The fundamental
point of the Civil Procedure Code is to encourage equity and look for a finish to the suit as opposed to give
any type of disciplines and penalties. The Code is thorough on the issue straightforwardly managed by it yet
doesn't grow much upon the focuses that it doesn't explicitly manage. The essayists of the code couldn't
anticipate the potential conditions which may emerge later on cases and couldn't therefore, give the strategy
to such situations. Thus, innate forces were granted to the court to meet such conditions as indicated by the
standards of characteristic equity, value and great still, small voice. Grouping of law can be comprehensively
recognized on its meaningful and modifier angles. The considerable law qualifies as the lawful structure which
manages the characterizing of the legitimate status, foundation of the rights and obligations of residents and
its degree. Nonetheless, the descriptive word law manages the methodology associated with building up these
rights.
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DECREE

A Decree as defined under Section 2(2) of Civil Procedure Code

Decree is the formal expression of an adjudication conclusively determines the rights of the parties with
regard to all or any of the matters in controversy in the suit.

A Decree is what the Court orders a party to do. A Decree would be something like ordering a party to
pay money or perform a contract etc. It is the determination of the rights and liabilities pf the parties
to a case.

ESSENTIALS OF DECREE
1. Formal Expression
2. Adjudication
3. Suit
4. Rights of the Parties
5. Conclusive Determination

TYPES OF DECREE
1. Preliminary Decree:1
When after decree further proceedings have to be taken before the suit disposed off finally.
Illustration: Mr. X files a partition suit against Mr. Z. During the proceedings, the Court passes a preliminary
decree on the share of Mr. X and Mr. Z. Subsequently, after hearing both the parties and the arguments
contended by both, the court passes a final decree adjudicating upon the said partition.
2. Final Decree:2
Decree is final when the suit is completely disposed off by adjudication.
3. Partly Preliminary and partly final decree:
A decree may be Partly preliminary and partly final decree e.g. In a suit for possession of immovable
property with mean profits.
Illustration: Mr. A filed a suit for the recovery of possession of a property from Mr. B. The court passed a
partly preliminary and partly final decree. So far as final decree is concerned if the court granted possession
of the suit property to Mr. A; and it was preliminary as even though mesne profits were awarded. In this case,
only the granting of possession of property to A will be executable; however, preliminary decree will be
executable only after the amount due is determined.
DECISIONS WHICH ARE DECREE
i. Order of abetment of Suit
ii. Dismissal of appeal as time barred
iii. Dismissal of suit or appeal for want of evidence or proof
iv. Rejection of plaint for non- payment of Court fees
v. Granting or refusing to grant costs or installments
vi. Modifications of scheme under Section 92 of CPC
vii. Order holding appeal not maintainable
viii. Order holding that the right sue does not survive
ix. Order holding that there is no cause of action
x. Order refusing one or several reliefs 1

1 Shankar V. Chandrakant
2Gulusam Bivi v. Ahamadasa Rowther
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A Decree once signed cannot be amended afterwards

But exceptions are there which are:
a) Clerical or arithmetical mistakes can be corrected by Court at any time by Suo Moto or on the application
of parties.
b) The Decree can be modified or rectified or amended when same case is presented before Court for review
A decree shall be deemed to include:
Rejection of a plaint:
Determination of any question under Section 144 of the act

A decree might not include:

• Any adjudication from which an appeal lies as an appeal from an order
• Any order of dismissal or default

AMENDMENT OF DECREE
On an application by the Plaintiff or the Respondent, under Section 152 of the Civil Procedure Code, any
clerical errors in the decrees can be changed or corrected by the courts themselves. However, the entitled
corrections shall be only be related to the accidental omission or clerical errors and not any other errors, which
may result in gross negligence. Before the execution of such correction by the courts, it must be satisfied and
validly proven that the error was nothing more than a clerical one or an arithmetical one.

EXAMPLE OF DECREE IN FACT:

In a suit between Mr. X and Mr. Y wherein A claims that a particular property ‘P’ belongs him while B claims
that the said property belongs to him. After hearing all the arguments, the court will rule in the favor of either
A or B. The final decision of the court regarding the above claim i.e. whether the property belongs to X or Y,
is a decree.

JUDGEMENT
Judgement is defined under Section 2(9) of the Civil Procedure Code
Judgement means the statement given by a Judge of the grounds of the decree or order.3
Judgement is a document which is detailed case history and findings of the Court and the Decree is a synopsis
of the relief which has been granted to the plaintiff or the defendant. A Judgement is the reasoning given by
the Judge as to why the decree was given. Decree is the determination of the rights and liabilities of the parties
to a case.
JUDGEMENT CONTAINS:
• Facts of the case
• The issues involved
• The evidence brought by the parties
• Findings on issues

ESSENTIAL ELEMENTS OF JUDGEMENT

A judgement should possess the essentials of a case, reasoning and basic contention on which it is delivered
or the grounds of decision.
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Judgement of the courts other than that of the Small Causes Court – Rule 4(2) of Order 20
a) A concise statement of the case
b) The points of determination
c) The decision of the Court
d) The reason for such decision by the Court

Judgement of the Small Causes Court

a) The points of determination and
b) The decision thereon

DURATION IN WHICH THE JUDGEMENT HAS TO BE PRONOUNCED

The court has to pronounce the judgment in an open court after completion of final arguments, either on the
same day or some other day, after giving due notice to parties or their counsel. Prior to the Amendment of
1976, no such time limit was specified between hearing of arguments and delivery of judgment. However,
because of persistent demands and as per the suggestion of joint committee, it was laid that a judgment should
be delivered within 30 days of the conclusion of the proceedings. Unlike in the case of Anil Rai v. State of
Bihar in which the judgment was pronounced by the High Court after 2 years of the final arguments. The
Supreme Court had strongly deprecated the delay and set the provisions of duration in which the judgment
had to be pronounced. Per contra, there is an exception to this rule in certain extraordinary circumstances,
which may extend the judgment to furthermore 60 days.2
REVIEW OF JUDGEMENT
Review means ‘to examine or to study again’. Thus, the review of judgment is to examine or study again the
facts and judgment of the case. It is the substantive power of review by the court, as specified under Section
114 of the Code. However, the limitations and conditions for review are provided in Order 47 (Rule 1-9) of
the Code. The power to review is conferred by law, however, the inherent power to review vests alone with
the court.

ORDER
Order has been defined under Section 2(14) of the Code as the formal expression of any decision of
the Civil Court which is nor a Decree
Order means the formal expression of any decision of a Civil Court which is not a decree.
• An Order will not determine the rights or liabilities of the parties
• The Order can be passed on a suit as well as on application
• Any number of orders can be passed in one suit
ESSENTIAL ELEMENTS OF ORDER
1. It should be a formal expression of any decision
2. The formal expression should not be a decree
3. The decision to be pronounced by a Civil Court

TYPES OF ORDER
1. Appealable Order (Order 43 Rule 1) – Orders against which appeal lies

3 Balraj Taneja V. Sunil Madan

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2. Non – Appealable Order – Order against which no appeal lies

There is no second appeal for the Appealable Orders

CLASSES OF ORDER
1. Final Orders - An order that disposes of all of the claims and adjudicates the rights and liabilities of all
the parties in the suit.
2. Interlocutory Orders- Interlocutory order only settles an intervening matter relating to the cause. Such
orders are made to secure some end and purpose necessary which are essential for the progress of case. In
simple terms, a temporary order issued during the course of litigation is called Interlocutory order. Also
known as the Interim order, is the decision of the court which does not deal with the finality of the case
but rather settles a subordinate issue relating to the main subject matter.

EXAMPLE FOR ORDER:

Suppose A owes Rs 1000 to B and B owes Rs 1000 to c. By a garnishee order, the court may require A not to
pay money owed by him to B, but instead to pay C, since B owes the said amount to C, who has obtained the
order.

SIMILARITIES IN ORDER AND DECREE

• It is formal expression of adjudication
• It relates to matter in controversy
• It is an adjudication by a court of law
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DIFFERENCE BETWEEN ORDER AND DECREE

ORDER DECREE

• Defined under Section 2(14) of CPC, 1998 • Defined under Section 2(2) of CPC, 1908

• It can be passed in a suit which started by presentation • It is passed in a suit which started by
of a plaint or any arise from a proceeding commenced presentation of a plaint
by a petition or application
• A decree conclusively determines the rights
• An Order may or may not conclusively determine the of the parties in dispute
rights of the parties in dispute
• A decree may be preliminary, final or partly
• There is no distinction in order preliminary and partly final

• Many orders can be passed in a single suit
• No appeal lies from an Order unless it is appealable as
per Section 104 (Order in which appeal lies) Section 43 •
(Appeals from Orders) of CPC.
• In case of an appealable order, aggrieved party does not
have the right to second appeal
• There is only one decree in every suit except
barring certain types of suits
A first appeal always lies from a decree,
unless otherwise provided under Section 96
(when decree is passed with the consent of
parties and when the amount or value of the
subject matter of original suit does not
exceed Rs. 10,000 expressly)

• Second appeal can be filed by the aggrieved

party on the grounds mentioned under
Section 100 of CPC

DIFFERENCE BETWEEN DECREE AND JUDGEMENT

DECREE
• Defined under Section 2(2) of CPC, 1908
• It is a formal expression of adjudication
• It always follows the judgement
• It is not necessary for a judge to give statement
of ground in a Decree
• Generally, decree is passed in a Civil Suit
JUDGEMENT
• Defined under Section 2(9) of CPC,1908
• It is not necessarily a formal expression of
adjudication
• It is made at a prior stage to the decree
• It is a statement given by a judge on the
grounds of decree or order

• Decree is divided into three types
• It is based upon judgement
• It is based upon judgement
• It is the outcome of the suit and conclusively
determines the rights of the parties which are in
disputes
• It may be preliminary, final or partly
preliminary and partly final
• Judgement can be given in both Civil and
Criminal Cases
• It has no types
• It is based upon facts of the case
• It contains facts of the case, issue involved,
decision thereon and reasons for such decision
• It is always final
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CONCLUSION
The Civil Procedural Code, 1908 falls into this class of modifier law. Civil Procedure Code is a gathered code
joining the different laws in its circle yet it isn't thorough inside it. Courts are to be guided by standards of
value and equity while managing situations for which the current code may not be sufficient. Along these
lines, the court's capacity to take such choices is considered significant in its goal of forestalling any
unsuccessful labor of equity. Just through these descriptive word laws, the idea of reasonable preliminary and
characteristic equity can be executed in all actuality and without these thoughts in setting; the court preliminary
is considered to be invalid and invalid. This task will manage every one of the significant standards and
precepts revered in the Code that make it a proficient procedural law close by every one of the corrections
through which the changing requirements of our general public have been managed and the law made
considerably more vigorous and equity arranged. From the above explanation, an unmistakable differentiation
would now be able to be drawn between a Order, Judgment, and Decree. The basics of an announcement are
that there should be a adjudication, of a suit, managing privileges of gatherings in debate, that convincingly
decides, and it should have a conventional articulation. In any case, a request might only decide the privileges
of the gathering. All things considered, it is a ultimate choice of the court, which is officially articulated. The
Code's change in 1976 acquired a period limitation inside which a judgment should be articulated, from the
date of fulfillment of hearings.
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REFERENCES
• http://www.bareactslive.com/ACA/ACT379.HTM#33
• http://lawtimesjournal.in/judgement-decree-order-cavet/
• https://indiankanoon.org/doc/188778475/
• http://www.aaptaxlaw.com/code-of-civil-procedure/order-xx-code-of-civil-procedure-rule-1-2-3-4-5-6-
7-judgment-and-decree-rule-1-2-3-4-5-6-7-order-xx-of-cpc-1908-code-of-civil-procedure.html