Thursday, 5 November 2015

What is Decree and Order? Difference Between Decree and Order.



Decree
In a civil suit several facts might be alleged and the court may be required to rule on several claims
As per Section 2(2),  a decree is 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. It can be final or preliminary.


Examples of decisions which are not Decrees -  Dismissal of appeal for default, order of remand, order granting interim relief.

Order
As per Section 2 (14), The formal expression of any decision of a civil court which is not a Decree is Order.  In a suit, a court may take certain decisions on objective considerations and those decisions must contain a discussion of the matters at issue in the suit and the reasons which led the court to pass the order. However, if those decisions fall short of a decree, they are orders.

Thus, there are several common elements between an order and a decree -  both related to matter in controversy, both are decisions given by the court, both are adjudications, both are formal expressions. However, there are substantial differences between them -
Decree - S. 2(2)
Order S. 2(14)
Can only be passed in a suit originated by the presentation of a plaint.
Can be passed in a suit originated by the presentation of a plaint, application, or petition.
Contains Conclusive Determination of a right
May or may not finally determine a right.
May be final, preliminary, or partly preliminary - partly final.
Cannot be a preliminary order.
In general, there can only be one decree or at the most one preliminary and one final decree in a suit.
There can be any number of orders in a suit.
Every decree is appealable unless an appeal is expressly barred.
Only those orders which are specified as appealable in the code are appealable.
A second appeal may lie against a decree to a High Court on certain grounds.
There is no second appeal for orders.


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