code of civil procedure 1908
Karthik
(Querist) 14 October 2009
This query is : Resolved
Hi
Can anybody let me know the exact difference between decree and an order.
Thanks in advance
Sachin Bhatia
(Expert) 14 October 2009
C.P.C. Sec 2(2) "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, 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.
Sachin Bhatia
(Expert) 14 October 2009
Sec 2(14) "order" means the formal expression of any decision of a Civil Court which is not a decree.
Sachin Bhatia
(Expert) 14 October 2009
How is a decree different from an order? What is an order? S.2(14) defines order to mean the formal expression of any decision of a Court which is not a decree. The starting point for an order need not always be a plaint, it may be an application or petition. Though being a formal expression, it follows that an order need not conclusively determine the rights of parties on any matter in dispute. However, it may relate to the matters in controversy. There may be a preliminary decree, but not a preliminary order. Every decree is appealable but every order is not. Only orders under s.104 are appealable. Again, a second appeal lies to the High Court from a first appeal, but there is no second appeal from appealable orders.
Raj Kumar Makkad
(Expert) 14 October 2009
Opinion of Sachin is perfect based over CPC.
Kiran Kumar
(Expert) 14 October 2009
well replied by Sachin....
joyce
(Expert) 15 October 2009
Sachin has qouted his answer bookishly, do agree with him.
J K Agrawal
(Expert) 15 October 2009
In simple terms every decision of a court is an order and if that order determins any right or liability finally it deserve to be write down as a certificate describing that right. so the certificate type document is called decree. If one keeps a decree with him, he is not required to carry the judgment also with decree. In nutshell a decree can be obtain of some orders.
