Order

The term “Order” is defined under Section 2 (14) of the code. The
bare reading of the provision’s original context provides that
except Decree, all other formal expressions of the court’s decision
are orders.
An order must be the direction prescribed by the court to the
parties regarding their conduct. For instance, an Interim
Injunction Order refrains a party temporarily from doing a
specific act. It is pertinent to note that, unlike Decree, an Order
deals with the procedural rights of the parties such as
adjournment, revision, implementation, amendment, etc. Order is
of two types, viz.
1. Appealable Orders: Orders against which an appeal lies.
(Section 104 and Order 43, Rule 1 of the code).
2. Non Appealable Orders: Orders against which no appeal
lies.

Basis Decree Order

A legal declaration of the

An adjudication of the court
decision by the court of law
of law that conclusively
Meaning that ascertains the legal
determines the rights and
relationship between the
liabilities of the parties.
parties in the proceeding.

Definition
Section 2(2) of the code. Section 2(14) of the code.
laid down in
 Substantive rights of the Procedural rights of the
Addresses
parties. parties.

It can be passed in suit, after

It is only when the suit is
When can be
started off by the
passed?
presentation of a plaint.
the presentation of the
plaint, or may arise from
proceeding commenced by
petition or application.

It conclusively determines
Establishment It may ascertain the rights of
the rights of the concerned
of the rights the parties.
party.

In general, only one Decree

can be passed in a suit,
Several orders can be passed
Numbers except in a suit where a
in a suit or proceeding.
preliminary and a final
decree is passed.

Not all Orders are

Every Decree is appealable appealable unless it is
Appeal unless it is expressly barred mentioned under Section
by law. 104 of the code read with
order 43.

The decree is of Three types

viz. A) Preliminary Decree, Order is of two types viz. A)
Types B) Final Decree, and C) Final Order and B)
partly preliminary and Interlocutory Order.
partly final Decree.
Furthermore, orders can be categorized into two classes, they are
1. Final Orders: An order that completely disposes of all the
claims of the parties to the suit.
2. Interlocutory Orders: A provisional order is issued
during the course of litigation to settle down the adjacent
issues, which hinder the progress of the case.
Essential Elements of an Order
1. The decision has to be pronounced by the civil court, not by the
administrative tribunal.
2. Such pronouncement should be formal expressed i.e. must be
precisely written.
3. That formal expression should not be a Decree.