Introduction

• The Civil Procedure Code, 1908 (CPC) provides for the procedure that must be followed in case a person is required and willing to file a civil suit.
• While the institution of a civil suit usually happens with the filing of plaint it finally concludes with passing of a judgment followed by a decree.
• Section 2 of CPC gives the definition of decree, order and judgment.

What is a Judgment?

• Section 2(9) of CPC lays down the definition of judgment.
• “Judgment” means the statement given by the Judge on the grounds of a decree or order.
• Judgment provides reasons for passing a decree or order.
• Section 33 of the CPC provides that the Court shall after the case has been heard pronounce the judgment and on such judgment decree shall follow.
• Order XX Rule 1 of CPC provides that judgment must be pronounced in open Court either at once or as soon thereafter as may be practicable.
• The Proviso to Order XX Rule 1 provides that where the judgment cannot be pronounced at once it must be pronounced within 30 days from the date on which hearing of case was concluded and this period should not extend beyond 60 days from the date on which hearing of case was concluded (in case of exceptional circumstances and due notice of the date fixed must be given to the parties or their pleaders).
• Order XX Rule 2 of CPC provides that the Judge shall pronounce the judgment written but not pronounced by his predecessor.
• Order XX Rule 3 of CPC provides that the judgment shall be dated and signed by the Judge in open Court and once signed it shall not altered or amended except as provided under Section 152 of CPC or on review.
• Order XX Rule 4 of CPC provides that Courts other than Courts of Small Causes must contain:
  • Concise statement of the case
  • Points for determination
  • Decision thereon
  • Reasons for such decision
• Judgment delivered by Court of Small Causes need not contain more than points for determination and decision thereon.
• In the case of Gajraj Singh v. Deohu (1951), the Court held that the judgment must be intelligible and must show that the judge has applied his mind.

What is a Decree?

• Section 2(2) of CPC defines decree.
• The essential elements of decree are as follows:
  • There must be a formal expression of adjudication
    • There must be judicial determination of the matter in dispute.
    • Also, all the requirements of form must be complied with i.e. it should be formally drawn up in terms of judgment.
  • Such adjudication must have been given in a suit
    • It is necessary that the adjudication must have been given in a suit
  • It must have determined the rights of the parties with regards to all or any of the matters in controversy in the suit
    • The term ‘right’ means substantive rights of the parties and not merely procedural rights.
    • The expression ‘matters in controversy’ refers to subject matter of the suit with reference to which relief is sought.
  • Such determination must be of a conclusive nature
    • Determination of rights of the parties must be conclusive and not interlocutory.
    • An interlocutory order which does not decide the rights of the parties finally is not a decree
    • An order refusing adjournment, order refusing or granting interim relief are not decree.

What are the Types of Decree?

• As per Section 2(2) of CPC following are the types of decree
  • Preliminary Decree
    • Such a decree does not completely dispose of the suit but determines the rights with regard to some or one of the matters in controversy.
    • Order XX Rule 15 provides that in cases of a decree in a suit for dissolution of partnership the Court may pass preliminary decree.
    • Order XX Rule 18 provides that in case of decree in a suit for partition the Court may pass preliminary decree.
  • Final Decree
    • A final decree is one which finally settles all questions in controversy between the parties.
  • Partly Preliminary Partly Final
    • Such a composite decree is passed in certain cases like in a suit for possession of land and mesne profits.
    • The first part is final as it directs delivery of possession, and the second part is preliminary as it directs an enquiry as to mesne profits.
  • Deemed Decree
    • The term ‘deemed’ is generally used to create a statutory fiction.
    • Section 2(2) of CPC provides for two types of deemed decree:
  • Rejection of plaint under Order VI Rule 11 of CPC
  • Determination of any question under Section 144 of CPC
• Section 2(2) of CPC expressly provides that decree shall exclude the following:
  • Any adjudication from which appeal lies as an appeal from order
  • Any order of dismissal for default

What are the Contents of a Decree?

• Order XX Rule 6 of CPC provides that the decree shall agree with the judgment and shall contain:
  • The name of the suit
  • The name and description of parties
  • Their registered addresses
  • Particulars of the claim
  • Specify the relief granted or other determination of the suit
• Order XX Rule 6A provides that the decree shall be drawn up within 15 days from the date judgment is pronounced.
• Order XX Rule 7 provides that the decree shall bear the date on which the judgment was pronounced.

What is Order?

• Section 2(14) of CPC defines order.
• “Order” means formal expression of any decision of a Civil Court which is not a decree.
• Therefore, adjudication which is not a decree is order.

What is the Distinction Between Decree and order?

• The distinction between decree and order is as follows:
  • A decree can only be passed in a suit which commences on presentation of a plaint. An order may originate from a suit or may arise from proceeding commenced by presentation of application or petition.
  • A decree may be preliminary, final or partly preliminary and partly final. An order cannot be a preliminary one.
  • Usually, one decree is passed in a suit. However, several orders can be passed in a suit or proceeding.
  • A first appeal invariably lies from a decree unless it is expressly provided that appeal shall not lie (for example Section 96(3) provides that no appeal shall lie from a decree passed with the consent of the parties). However, only those orders are appealable which are expressly provided in the Code. (Section 104 and Order 43 Rule 1).
  • A second appeal lies to the High Court on certain grounds in a decree. However, there is no second appeal in case of appealable orders.

What is the distinction between Decree, order and Judgment?

• Decree or order shall follow the pronouncement of judgment.
• Judgment is followed by a decree.
• It is not necessary to give a statement by the Judge in a decree/order although the statement is necessary in a judgment.

Conclusion

• A civil suit is instituted by presentation of a plaint and ends with a judgment followed by a decree.
• While judgment provides for grounds of a decree, decree is a formal expression of adjudication which conclusively determines the rights of the parties.
• Formal expression of any decision which is not a decree is order.
• Thus, all three are very important in a civil suit and have their own significance.