terminology
Prateek Biyani
(Querist) 14 November 2009
This query is : Resolved
Sir, plz clear me the difference between Order, Dcree, and Judgement.Can appeal be filed against each of them ?
What is interlocutary orders?
Can the parties by agreement decide any place their juridiction by agreement which is neither their residence place, work place or cause of action ?
plz clear the above points in simple language.
thanks in advance.
AEJAZ AHMED
(Expert) 14 November 2009
As per the Definitions given in Civil Procedure Code - 1908
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Section 2 Sub Clause(14): ORDER
"order" means the formal expression of any decision of a Civil Court which is not a decree;
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Section 2 Sub Clause(2): DECREE
"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 [3]* * * 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.
Explanation-A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit, it may be partly preliminary and partly final;
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Section 2 Sub Clause(9): JUDGMENT
"judgment" means the statement given by the judge of the grounds of a decree or order;
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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.
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Kindly Read Section 104 of CPC:
104. Orders from which appeal lies:
(1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders:
[Clauses (a) to (f) omitted]
(ff) an order under section 35A;
[(ffa) an order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be;
(g) an order under section 95;
(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of an person except where such arrest or detention is in execution of a decree;
(i) any order made under rules from which an appeal is expressly allowed by rules;
Provided that not appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made.
(2) No appeal shall lie from any order passed in appeal under this section.
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With the thanks of " J. Sai Deepak" for Detailed Article about Difference between Judgement, Decree and Order kindly go through the attachd document, wich i have taken from :
http://civildevil.blogspot.com/2009/03/judgment-decree-and-order.html
Raj Kumar Makkad
(Expert) 15 November 2009
Nothing is to be added in the detailed reply of Aejaz.
