theoryofabrogation

Difference Between Decree and Order under CPC, 1908

Introduction

The Code of Civil Procedure, 1908 distinguishes between two important judicial pronouncements: decrees and orders. While both are decisions of a civil court, they differ in form, content, and legal implications.

These distinctions are essential for understanding the structure of civil adjudication and the remedies available to litigants.


Meaning of Decree

A decree is defined under Section 2(2) of the CPC as the formal expression of an adjudication that conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit.

Decrees can be:

  • Preliminary

  • Final

  • Partly preliminary and partly final


Meaning of Order

An order is defined under Section 2(14) of the CPC as the formal expression of any decision of a civil court which is not a decree.

Orders typically arise from interlocutory applications or procedural directions given during the course of the suit.


Basis of Comparison Between Decree and Order

Basis Decree Order
Definition Section 2(2) CPC Section 2(14) CPC
Nature Conclusive determination of rights in a suit Decision on procedural or substantive matters
Arises From Adjudication of a civil suit Arises from application or incident during the suit
Number per Suit Only one final decree, may have preliminary decree(s) Can be multiple orders in one suit
Appealability Generally appealable under Section 96 Only certain orders are appealable under Section 104 and Order XLIII
Examples Judgment in a partition suit, declaration of title Granting adjournment, rejection of application for amendment
Formality Must be drawn up formally May or may not be formally drawn
Conclusive Nature Determines substantive rights May be procedural or interim, not always conclusive

Illustrative Example

  • A court deciding ownership of property in a title suit:
    This is a decree, as it determines a substantive right.

  • A court granting a temporary injunction during the trial:
    This is an order, as it is an interim relief during proceedings.


Importance of the Distinction

Understanding the distinction is critical because:

  • Different appeal provisions apply

  • Execution process applies only to decrees

  • Finality of the decision varies

  • Legal remedies and procedural consequences are affected


Code of Civil Procedure(CPC)

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