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, 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
The decree might not include
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.
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:
Similarly, there are two classes of orders:
Hope this helps