Article written by Advocate Alpa Jogi on Difference between Judgement, Decree and Order
Under Section 2(9) of the Code of Civil Procedure, 1908 a Judgement means the statement given by the Judge on the grounds of a decree or order. Judgement refers to the reasoning given by the court in order to support the decision.
Essentials of a Judgement:
(1) A concise statement of the case.
(2) Point for determination.
(3) Decision thereon.
(4) Reason for such decision.
(5) Relief Granted.
Under Section 2(2) of the Code of Civil Procedure, 1908, Decree means the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final.
Essentials of a Decree:
(1) There should be an adjudication.
(3) Determining the rights of the parties.
(4) Determination must be conclusive in nature.
(5) There must be a formal expression.
Section 2(14) of the Code defines “order” as the formal expression of any decision of a Civil Court which is not a decree.
Essentials of an Order:
(1) Formal Expression.
(2) Formal Expression should not be a decree.
(3) The decision must be pronounced by a civil court.
Note : Above information is in general form, issued with a motive to help. Author disowns any kind of liability.
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