To understand these legal terms, let's take a relatable situation—an exam centre.
At the start of an exam, the teacher announces, "Nobody will cheat during this exam." This is similar to an order, as it regulates the process.
Next, we receive the answer sheet and write our answers (just like addressing legal issues). This step is like a judgment, where reasoning is provided.
Finally, the results are announced in a mark sheet, which decides whether we move to the next class or stay in the same one. This final decision is like a decree, as it declares our rights and outcomes.
Using this simple analogy, let's look at the meanings of Order, Judgment, and Decree under the Civil Procedure Code of 1908.
1. Judgment
As per Section 2(9) of the Code of Civil Procedure 1908, '"judgment" means the statement given by the Judge on the grounds of a decree or order.'
- It refers to the reasoning given by the court in order to support the decision. A judgment is said to be the court's final decision on the said matter in the form of a suit towards parties.
- Order 20, Rule 4(2) states that a judgment shall contain a concise statement of a case, point for determination, the decision thereon and all the reasons for such decisions.
- Order 20, Rule 3 of CPC says that the judgment must be signed and dated by the judge while declaring it in the court.
- Once it is signed by the judge, the judgment is not allowed to be amended except in cases where there are arithmetical errors due to accidental omission. The provision for the same is stated in Section 152 of the Code of Civil Procedure.
Judgment when Pronounced
| Timing of Pronouncement |
The judgment is typically delivered immediately after the hearing concludes or on a pre-scheduled date, with prior notice to the parties and their pleaders. |
| Notice Requirement |
If the judgment is not delivered on the same day, the court must notify all involved parties about the fixed date for pronouncement. |
| 30-Day Timeframe |
Courts should make every effort to pronounce judgments within 30 days from the conclusion of the hearing. |
| Exceptional Circumstances |
In extraordinary cases, the timeframe can be extended, but the judgment must be delivered within 60 days from the hearing's conclusion. |
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Essentials of a Judgment
A judgment should possess all the essentials of the case, reasoning and the basic contention on which the judgment is delivered.
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Essentials of the judgment other than that of the Small Causes Court
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Judgment of Small Causes Court
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Point for determination
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Decision thereon
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DYK? A small causes court is a specialized court that handles civil cases involving relatively small amounts of money. Its jurisdiction varies by state.
For ex- In Karnataka, the Small Cause Courts Act of 1964 allows the court to hear civil cases where the value of the claim is no more than ₹500.
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Review under Code of Civil Procedure
The provisions of review of a judgment are mentioned in Section 114 of the Code. The main objective is to examine the facts and judgments of the case again. Even though this section does not contain the limitations and conditions for the review, the same is laid down in Order 47 of the Code which contains 9 rules imposing the various conditions. The following are the 9 rules:
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Application for the review of Judgment
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To whom the application for review may be made
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Form of the application
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Application when rejected
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Application for review in Court consisting of two or more Judges
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Application when rejected under Rule 5
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Order of rejection not appealable. Objection to order granting application
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Registry of granted application
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Bar of certain application
2. Decree
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.
A decree MUST INCLUDE:
A decree SHALL NOT INCLUDE:
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Essential Elements of a Decree
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There should be an adjudication: It is the most essential feature of a decree. A former decision of the Judge on the dispute should be there. In the absence of such judicial determination, there can be no decree.
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Suit: This proceeding is instituted in the Court of Law by filing a plaint in the civil court. Similar to adjudication, there is no decree without a civil suit. Specific provisions treat certain applications as suits, like proceedings under the Hindu Marriage Act, the Indian Succession Act.
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Determining the rights of the parties: The adjudication should determine the rights of the parties in a dispute. The term parties refer to the plaintiff (person instituting the suit) and the defendant (person against whom the suit has been filed).
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Determination must be conclusive in nature: The determination held by the Court should be conclusive relating to the rights of the parties. The provisional decisions are not considered decrees.
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There must be a formal expression: To be a decree, there must be a formal expression of adjudication. In other words, the court must formally express its decision in the manner laid down by law.
Types of Decree
There are three types of decree as recognised by the Civil Procedure. They are:
A. Preliminary Decree - It is passed in cased in which the court has to first adjudicate upon the right of the parties, and further proceedings need to take place before the suit is in a position to be completely disposed of.
B. Final Decree - A final decree is where a suit is completely disposed and all the questions in controversy between the parties are finally settled and there is nothing remaining to be decided on. A decree may be final in two ways:
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Where no appeal is filed against the decree within the prescribed time
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Where the matter has been decided by the decree of the highest court.
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Where the decree completely disposed of the suit.
C. Partially preliminary and partially final decree - A decree can be said to be partially preliminary or partially final when it only determines the rights of the parties, while the rest is left to be worked out in further proceedings.
3. Order
Section 2(14) of the Code defines '"order” as the formal expression of any decision of a Civil Court which is not a decree'.
Essential Elements of an Order:
Types of Order
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Appealable Orders: Orders against which an appeal lies. Orders mentioned under Section 104 and Order 43 Rule 1 of the CPC are examples of appealable orders.
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Non-Appealable Orders: Orders against which a party cannot file an appeal.
Orders can also be classified into:
A. Final Order - The Order which finally determines the rights of the parties.
B. Interlocutory Order - Provisional orders passed by the Court in the course of the litigation.
Conclusion
With this, a proper distinction can be made between judgment, decree and order now. The Code of Civil Procedure, 1908 defined both decree and order. While a decree deals with the adjudication, suits, rights of the parties and a formal expression, an order may or may not clearly ascertain the rights of the parties to the suit. Judgments are the final decisions of the court.
Frequently Asked Questions
Q 1. What is judgment, decree, and order?
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Judgment:- A formal decision made by a judge that states the grounds for a decree or order. It must include the facts, issues, decision, and reasons. A judgment is final in itself.
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Decree:- A formal order issued by a court of law that enforces a judgment. It is a binding directive to the parties regarding what they should do or refrain from doing. A decree can be preliminary, final, or partly preliminary and partly final.
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Order:- A formal expression of any court decision that is not a decree. It may relate to matters in controversy but does not conclusively determine party rights. Not all orders are appealable.
Q 2. What comes first, a decree or a judgment?
A judgment comes first, and then a decree follows. Here's why:
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Judgment: This is the court's detailed explanation of the decision, including reasons for arriving at the conclusion after hearing the matter.
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Decree: Once the judgment is pronounced, the decree is issued as the formal expression of the final outcome, like granting relief or dismissing the suit.
Q 3. Can a court decree be challenged?
Yes, the aggrieved party may challenge any such judgment or decree by submitting an application for leave to appeal.
Q 4. Can the decree be modified?
Yes, the Indian courts allow for the modification or amendment of decrees. The trial court can modify or amend a preliminary decree if circumstances change or emerge.
Q 5. Can a foreign decree be executed in India?
Yes, a foreign decree can be executed in India under Section 44A of the CPC. The decree must be conclusive and satisfy certain conditions for enforcement. However, executing a foreign decree is subject to the provisions of the CPC and other relevant laws.