Difference Between Order, Decree and Judgement
📘 Difference Between Order, Decree, and Judgment
🔹 1. Judgment
Definition:
According to Section 2(9) of CPC,
“Judgment” means the statement given by the judge on the grounds of a decree or order passed by him.
In simple terms, judgment is the reasoned and formal expression of the court’s decision on the matters involved in the suit.
Purpose:
It explains the court’s reasoning and conclusions on the issues before it.
Content:
A judgment contains:
The decision of the court.
The grounds and reasons for the decision.
Answers to all the questions raised during the trial.
Timing:
Judgment is pronounced after hearing the parties and on conclusion of the suit or application.
🔹 2. Decree
Definition:
According to Section 2(2) of CPC,
“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.
Purpose:
It is a formal order of the court that conclusively determines the rights of the parties and can be executed.
Types:
Preliminary Decree: Where rights are determined but further proceedings are needed for final decision (e.g., in partition suits).
Final Decree: Completely settles the controversy and can be executed.
Nature:
Decree is always based on a judgment.
It is a conclusive decision that decides the rights of parties.
🔹 3. Order
Definition:
According to Section 2(14) of CPC,
“Order” means the formal expression of any decision of a civil court which is not a decree.
Purpose:
Orders deal with procedural or interlocutory matters during the course of the suit.
Examples:
Granting or rejecting injunctions.
Allowing or dismissing applications for adjournment.
Summoning witnesses.
Interim orders or interlocutory orders.
Nature:
Orders are usually incidental or interlocutory and do not decide the final rights of the parties.
🔹 Key Differences Summarized
| Feature | Judgment | Decree | Order |
|---|---|---|---|
| Definition | Reasoned statement of court’s decision on suit or application | Formal expression deciding rights of parties conclusively | Formal expression of decision which is not a decree |
| Purpose | Explain reasons for decision | Decide rights and provide basis for execution | Deal with procedural/interlocutory matters |
| Nature | Can accompany decree or order | Decides final or preliminary rights | Incidental or interlocutory decision |
| Types | Single; can relate to suit or application | Preliminary or final | Interim, procedural, interlocutory |
| Execution | Judgment itself is not executable | Can be executed | Not executable |
| Appealability | Judgment is appealable | Decree is appealable | Some orders are appealable, others not |
| Examples | Reasons for granting/dismissing suit | Money decree, possession decree | Adjournment order, injunction order |
⚖️ Important Case Laws
1. K.K. Verma v. Union of India, AIR 1963 SC 996
The Supreme Court explained that a decree must follow the judgment and is the formal expression of rights.
Judgment is the reasoned decision, while decree is the formal order.
2. K.A. Abbas v. Union of India, AIR 1971 SC 481
Clarified the difference between order and decree.
Held that an order is a decision which does not conclusively decide the suit or any matter therein, whereas a decree conclusively decides.
3. Ramanatha Iyer v. K.C. Varadachari, AIR 1953 SC 223
Observed that judgment is the reasoned decision, decree is the formal expression of adjudication, and orders are other decisions.
4. Shanmugam Chettiar v. Subramaniam, AIR 1957 SC 638
Held that judgment and decree are two different things; decree is a consequence of judgment.
📝 Summary
Judgment: Explains the court’s reasoning and decision on issues.
Decree: Formal, conclusive decision that decides rights and is enforceable.
Order: Any decision by the court not amounting to a decree, usually procedural or interim.
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