Difference between Decree and Order

302 votes

Law suggests a collection of rules which are perceived by a nation to administer the activity and conduct of the natives. It very well may be assembled as substantive law – that learns the privileges of the gatherings and procedural/modifier law – that decides the training, methodology, and apparatus to execute the rights and obligations. On the grounds of decree or order, a judgment is passed by the court.
 

What is a Decree?

As per Section 2(2), of the Civil Procedure Code defines the term. A decree is the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. It can be final or preliminary.
 
It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include –

1. Any adjudication from which an appeal lies as an appeal from an order, or

2. Any order of dismissal for default.

 
A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final.
 
The essentials of a decree are:

1. Adjudication: A decision of administrative nature or a suit’s dismissal on want of merit, either because of the party’s default in appearance or an appeal’s dismissal on prosecution’s absence as there is not any ’judicial determination of rights in dispute’. And such determination must be by a court.

2. Suit: A suit is commenced with the presentation of a plaint.

3. Rights of parties in controversy: There must be determination of rights of the parties as far as matters in controversy are concerned. The parties refer to Plaintiff and Defendant.

4. Conclusive determination: The determination of the decision should be final as far as the court is concerned which passes it.

5. The expression must be formal: The prerequisites of the form should be complied with. It must be followed as per the law.

Certain examples of decrees include order refusing one of the many reliefs sought, an order that appeal is not maintainable, a plaintiff rejected for want of court-fees, etc. However, orders like passing an order setting aside sale, order refusing an interim relief are not decrees.
 

What is an Order?

The term Order has been defined under section 2 (14), of the Civil Procedure Code as the formal expression of any decision of a Civil Court which is not a decree. Orders are of two kinds, appealable orders and non-appealable orders.
 
“Order” in legal parlance is any formal expression of a civil court’s decision that is not a decree. Hence, the adjudication which does not result in a decree would be an order. The main differentiating points between an order and a decree are:

1. It is only when a suit is started off by a plaint’s presentation that a court can pass a decree. However, an order can be passed in a suit, after presentation of a plaint or in cases where the proceedings are started off by a petition, an application.

2. A decree determines the final rights of parties as far as all or any matters in controversy are concerned; where in the case of order, conclusive determination of rights might or might not take place.

3. There cannot be a preliminary order like a preliminary decree.

4. In most of the suits, only one decree can be passed, unlike several orders passed in a suit or proceeding.

5. Not all orders are appealable, like in the case of a decree. Only such order is appealable which are enumerated in the code.

6. A second appeal of the decree passed in 1st appeal can be sought from the high court, unlike orders.
    

What is the 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.

LawRato LawRato

605 votes

decree is a formal expression of an adjudication which finalises any issue whereas an order has could be one of various types, it could be a final order or an interim order or an order recording daily proceedings. you just have to understand that a decree ,either preliminary or final, means completion and decison on one set of issues in a formal way, i.e. an objective form which doesn't allow different interpretations.

Advocate Aditya Vikram LawRato

330 votes

In the legal context, the terms "decree" and "order" are often used, but they have distinct meanings and implications. Here's the difference between a decree and an order:

Decree:

• A decree is a final and conclusive decision or judgment passed by a court at the end of a lawsuit.
• It specifies the rights and obligations of the parties involved in the case.
• Decrees are usually issued in civil cases, such as divorce, property disputes, or contract breaches.
• Once a decree is issued, it can be enforced, and non-compliance can lead to legal consequences.

Order:

• An order is a direction or decision issued by a court during the course of legal proceedings.
• It may address procedural matters, interim relief, or specific actions to be taken by the parties.
• Orders are issued at various stages of a case to manage proceedings effectively.
• Unlike a decree, an order may not represent a final judgment on the merits of the case.

Advocate Chikirsha Mohanty LawRato

446 votes

In a lawsuit that is initiated after a complaint has been filed, a decree will be issued. A decree is issued in a lawsuit that can be initiated by a plaint or an application.

Advocate Chikirsha Mohanty LawRato