DECREE VERSUS ORDER

By Surbhi S., Key differences .

Law implies a body of rules which are recognized by a country to govern the action and behavior of the citizens. It can be grouped as substantive law – that ascertains the rights of the parties and procedural/adjective law – that determines the practice, procedure and machinery to implement the rights and duties. On the grounds of decree or order, a judgment is passed by the court. An order is nothing but a judgment while a decree is a final part of judgement.

The primary difference between decree and order is that the decree is given in a suit, which determines the substantive legal rights of the parties concerned, the order is given in the course of proceedings, and determines the procedural legal rights of the parties concerned. In the give article excerpt, you can find some more points of differences, amidst the two, take a read.

Definition of Decree

As per section 2(2) of Code of Civil Procedure 1908, a decree is a legal pronouncement of an adjudication by the court, that ascertains the rights of the plaintiff and defendant, about all or any matters of the suit. It is derived from the judgment, i.e. a decree comes into being as and when the judgment is expressed and not on the date when it is duly signed and authorized.

A decree can be a preliminary or a final one, subject to the further proceedings required before the disposal of the suit. If in case any of the matters of the suit is resolved, then it is a preliminary decree, while when all the matters of the suit are resolved, it is termed as the final decree. A preliminary decree is not based on the final, but the final decree is based on the preliminary decree.

There are two parties in a decree, namely decree-holder – the individual, in whose favor the decree is passed and judgment debtor – an individual, against whom the decree is passed.

Definition of Order

The order can be defined as the legal declaration of the decision, by the judge or the panel of judges in the court, which does not include a decree, ascertaining the legal relationships between the plaintiff and defendant, of the court proceedings, trial or appeal.

In finer terms, an order is the direction given by the judge or court to a party to the suit, to perform a specific act or refrain him/her from doing certain acts or direct the public official to take certain actions, is known as an order.

An order is concerned with procedural aspects such as impleadment, adjournment, amendment or striking out of parties of the contesting parties.

Key Difference Between Decree and Order

The difference between decree and order can be drawn clearly on the following grounds:

  1. The formal proclamation of the adjudication by the court of law explaining the rights of the parties concerned judgment the suit, is called decree. The legal announcement of the judgement taken by the court, defining the relationship of the parties, in the proceedings, is called an order.
  2. A decree is given in a suit initiated by the presentation of a plaint. On the contrary, an order is given in a suit initiated by the presentation of the plaint, application or petition.
  3. A decree is concerned with the substantive legal rights of the contesting parties, whereas the order takes into account the procedural rights of the parties concerned.
  4. While a decree is defined under section 2 (2) of the Code of Civil Procedure Act, 1908 order is defined under section 2 (14) of the Act.
  5. In a decree, the rights of the plaint and defendant are clearly ascertained. As against this, in case of an order, may or may not clearly ascertains the rights of the plaint and defendant.
  6. There can be many orders in a suit, while there is only one decree in a suit.
  7. A decree can be preliminary, final or partly preliminary and partly final, whereas an order is always final.
  8. A decree is usually appealable, except when it is specifically barred by law. Conversely, an order is appealable and non-appealable.

Conclusion

The Civil Procedure Code, 1908 defines both decree and order which are given by the civil court, and formally express a decision, in matters of controversy between the opposing parties. While a decree finally decides the rights of the plaint and defendant, order may or may not clearly determine the rights.

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