Difference between Decree, judgment and order:
The Decision given by Court of law, are either decrees or orders. A decree always follow the Judgment, which is pronounced by the Court, after hearing the case and can either be declaratory or executory. Both decree and order are analogous to each other.
Law implies a body of rules which are recognized by a country to govern the action and behavior of the citizens. It can be grouped as substantive law – that ascertains the rights of the parties and procedural/adjective law – that determines the practice, procedure and machinery to implement the rights and duties. On the grounds of decree or order, a judgment is passed by the court. An order is nothing but a judgment while a decree is a final part of judgement.
Judgement:
In this legal world, judgment given by any court followed by its decree play an important role to define the scope and limitations of any individual. Daily various judgments are pronounced and decree following it took place in the courts of our country. Various civil cases are also being disposed off each working day. These judgments are important as they act as precedents for future declarations, so it is very necessary that they stick to the judicial reasoning without bringing their own discretionary power blindly. After so many judgments and backing it up with the decree also, certain issues do arises which tends to confuse us. Civil Procedure Code, 1908 has been drafted very nicely but then also certain loopholes are there providing leeway for the creeping of unnecessary elements. As no law seems to perfect for us but then also effort should be made to take them somewhere close to the shell of perfectness.
Section 2(9) defines judgment as “Judgment means the statement given by a judge on the basis of a decree or order.”
Essentials:
The essential element of a judgment is that there should be a statement for the grounds of the decision.
Every judgment other than that of a court of small causes should contain:
1. A concise statement of the case
2. The points for determination
3. The decision thereon
4. The reasons for such decision
A judgment in the court of small causes may contain only point b) and c). Sketchy orders which are not self contained and cannot be appreciated by an appellate or revisional court without examining all the records are, therefore, unsatisfactory and cannot be said to be a judgment in that sense.
As the Supreme Court held in a judgement, a judge cannot merely say “suit decreed” or “suit dismissed”. The whole process of reasoning has to be set out for deciding the case one way or the other. Even the Small Causes Courts judgments must be intelligible and must show that the judge has applied his mind. The judgment need not, however, be a decision on all the issues in a case. Thus, an order deciding a preliminary issue in a case, e.g. constitutional validity of a statute is a judgment.
Conversely, an order passed by the Central Administrative Tribunal cannot be said to be a judgment, even it has been described as such. Similarly the meaning of the term ‘judgment’ under the Letters Patent is wider than the definition of ‘judgment’ under the CPC.
Judgment And Decree Distinction:
1.Judgment is a statement given by a judge on the grounds of a decree or order. It is not necessary for a judge to give a statement in a decree though it is necessary in a judgment.
2.It is not necessary that there should be a formal expression of the order in the judgment, though it is desirable to do so. Rule 6 order 20 states that last paragraph of the judgment should state precisely the relief granted.
3.A judgment contemplates a stage prior to the passing of a decree or an order and after the pronouncement of the judgment, a decree shall follow.
Order:
Section 2(14) defines order as “order” means the formal expression of any decision of a Civil Court which is not a decree. Thus the adjudication of the court which is not a decree is an order. As a general rule, an order of a court is founded on objective considerations and as such the judicial order must contain a discussion of the question at issue and the reasons which prevailed with the court which led to the passing of the order.
Order And Decree Similarities :
The adjudication of a court of law may either be:
1. A decree
2. An order
It cannot be both. There are some common elements in both of them.
– Both relate to matters in controversy;
– Both are decisions given by a court;
– Both are adjudications of a court of law;
– Both are formal expressions of a decision.
Order and decree distinction:
1. A decree can only be passed in a suit which commenced by presentation of a plaint. An order may originate from a suit by presentation of a plaint or may arise from a proceeding commenced by a petition or application.
2. A decree is an adjudication conclusively determining the rights of the parties with regard to all or any of the matters in controversy. An order on the other hand, may or may not finally determine such rights.
A decree may be preliminary or final or partly preliminary and partly final, but there can’t be a preliminary order.
1. Except in certain suits, where two decrees, one preliminary and other final are passed, in every suit there can be only one decree; but in the case of a suit or a proceeding, a number of orders may be passed.
2. Every decree is appealable, unless otherwise expressly provided, but every order is not appealable. Only those orders are appealable as specified in this Code.
3. A Second Appeal lies to the High Court on certain grounds from the decree passed in the First Appeal. Thus there may be two appeals; while no Second Appeal lies in case of Appealable Orders.
Decree
Section 2(2) of the Code of Civil Procedure defines Decree as follows:
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 of CPC, 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.