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 2 Replies

Krish Mahajan   27 July 2020

Hello sir/ ma'am

These terms  are different as the decisions given by the court of law will be either orders or decrees. And a decree is followed by a judgment that was pronounced by the court after a case hearing.

A decree as defined under Section 2(2) of Code of civil procedure, is a formal expression which determines the interest of both the parties in a conclusive manner, with regards to any disputed matter in a civil suit. Significantly, a decree is a formal expression of adjudication by which the court determines the rights of parties regarding the matter in a controversy or a dispute. A set-off or a counterclaim can be obtained on the decree.

A decree shall be deemed to include

  • Rejection of a plaint
  • Determination of any question under Section 144 of the Act.

The decree might not include

  • Any adjudication from which an appeal lies as an appeal from an order
  • Any order of dismissal for default

Illustration: In a suit between A and B wherein A claims that a particular property ‘P’ belongs him while B claims that the said property belongs to him. After hearing all the arguments, the court will rule in the favor of either A or B. The final decision of the court regarding the above claim i.e. whether the property belongs to A or B, is a decree.

Under Section 2(9) of the Code, Judgment is defined as the statement given by the Judge on the grounds of a decree or an order. It refers to what the judge observes regarding all the issues in matter and the decision on each of the issues. Hence, every judgment consists of facts, evidence, findings etc. and the conclusion made by the court. In simple terms, a judgement is the reasoning given by the judge as to why the ‘decree’ was given which explains the legal reasoning that formed the basis for the decree, along with the citation of the relevant case laws, arguments by the counsels, and the conclusions reached by the Court. It forms the concluding part of a civil suit and it determines the rights and liabilities of the parties to the suit.

“Judgment – A Judicial determination putting an end to the action by any award or redress to one party or discharge of the other as the case may be.”

Rule 3 of Order 20 of the code states that the judgment should be signed and dated by the judge while declaring it in the open court. It further gives provisions that once signed by the Judge, the Judgment cannot be amended or altered afterwards, except to correct the clerical or arithmetical errors caused due to accidental slips or omissions, as mentioned in section 152 of the Code or further during the review.

The term Order has been defined under Section 2(14) of the Code as the formal expression of any decision of a civil court which is not a decree.

Orders are of two kinds:

  1. Appealable orders – Orders against which an appeal lies.
  2. Non appealable orders – Orders against which no appeal lies.

Similarly, there are two classes of orders:

  1. Final orders – An order that disposes of all of the claims and adjudicates the rights and liabilities of all the parties in the suit.
  2. Interlocutory orders – Interlocutory order only settles an intervening matter relating to the cause. Such orders are made to secure some end and purpose necessary which are essential for the progress of case. In simple terms, a temporary order issued during the course of litigation is called Interlocutory order. Also known as the Interim order, is the decision of the court which does not deal with the finality of the case but rather settles a subordinate issue relating to the main subject matter.

Hope this helps

regards 

Krish Mahajan

 

1 Like

P. Venu (Advocate)     27 July 2020

What are the facts? What is the context?


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