Difference between Judgement , Decree and Order

Difference between Judgement , Decree and Order

There is a difference between Judgement, Decree and Order.

Order and decree are not the one and the same thing. These three words are defined in Civil Procedure Code. Section 2(2) defines what is decree, Section 2(14)defines order and Section 2(9) defines judgment.

According to section 2(2) of CPC : Decree means the formal expression of adjudication which so far as court expressing it, conclusively determines the rights of the parties with regard to all or any of the matter in controversy in the suit, and may be either preliminary or final.

It just declare the rights of both the parties according to the suit filed by both the parties. This decree can be of Two kinds mainly, preliminary or final decree.

Preliminary decree is passed when the matter is at the initial stage and still the court needs to investigate, but court needs to pass the decree in favor of any party or in against of any party to declare the rights of both the parties as per the situation of that time.

Final decree is passed when the matter is at the end stage and court declare the rights of both the parties.

Order is define in section 2(14) of CPC: Order means the formal expression of any decision of a Civil Courts which is not a decree.
It clearly mentions that order is something which is not a decree. It is the formal expression of any decision . Its the decision which can’t be challenged in the second appeal . But same is not with decree. Decree can be challenged even in second appeal .

Judgement is defined in section 2(9) if CPC: Judgment means the statement given by the judge on the grounds of a decree or order.
Judgement is the final judgement given by the court , which has both the grounds of decree and orders.