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Decree, Judgment and Order Under CPC

Introduction to Decree:

A decision given by a competent court of law has jurisdiction on a concerning matter or issue, which are either decrees or orders. A decree always follows the judgment, which is pronounced by the court, after hearing the case. It can either be declaratory or executory.

Relevant Provisions:

Section 2(2) for decree, Section 2(9) for judgment, Section 2(14) for order and Order 20 Rules 1 to 6 for Decree and Judgment of Code of Civil Procedure 1908.

Decree Definition:

According to Section 2(2) of C.P.C.;

“Decree means the formal expression of an adjudication which, so far as court expressing it, conclusively determine the rights of the parties, with regard to all or any of this matter in controversy in the suit, and maybe either preliminary or final. It shall be deemed to include the rejection of a plaint within section 144”.

Essentials Elements of Decree:

Following are the essentials elements of the decree:

1). Adjudication: The word adjudication refers to a judicial determination of the matter in controversy, and includes an ex-parte determination. For an adjudication to come into the scope of a decree, it must be made by a court.

2). Determination of Rights of parties: The adjudication must determine the rights of parties refer to persons, who are on the record as plaintiff and defendant and right has to have reference to substantive right.

3). Regarding all or any of the matter in controversy: The adjudication determining the right of parties must be with regard to all or any of the matter in controversy. It references the subject matter of the suit in dispute, and the decision of the court may be with regard to even one matter in controversy.

4). Conclusive: The decision should be conclusive, so far as the court expressing it is concerned, and it may be conclusive even if the suit is still not disposed of i.e. preliminary decree.

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5). Formally Expressed: There must be a formal expression of the adjudication. It should be precise and specify the relief granted or other determination of the suit and names and description of the parties.

Read More: Rights, Acts and Obligation

Kinds of Decree:

A decree may be classified into two kinds:

1). Declaratory decree which is not capable of execution.

2). Executory decree which can be executed and enforced by the court.

Classes of Decree:

A decree can be either preliminary decree, final decree, or partly preliminary and partly final decree.

  1. Preliminary Decree: A preliminary decree declares rights and obligations of the parties leaving further matters to be determined in subsequent proceedings and it is conclusive in nature.
  2. Final Decree: A final decree is one that completely disposes of the suit so far as the court passing it is concerned.
  3. Partly Preliminary and partly Final decree: A decree may be of such a kind, which is final, in part and partly preliminary.
  4. Order Rejecting a Plaint: Section 2(2) declares that an order rejecting a plaint is a decree, though there is no adjudication of the rights of the parties by the fiction of law, it is classed as a decree.

Introduction to Judgment:

Judgment is a reasoning of a judge which leads him to his decision. Before issuing an order or decree, the court describes the facts, evidences and reasons on which the decree or order is based on separate pages is called judgment.

Judgment Meaning:

Literally, judgment means a judicial decision. Generally, judgment means judicial determination or a decision of a court.

Definition of Judgment:

According to section 2(9) of C.P.C;

“Judgment means the statement given by the judge of the grounds of a decree or order”.

Ingredients of Judgment:

Following are the ingredients of a judgment:

  1. Statement given by Judge: A judgment means the judicial decision of the Court or judge. It must be given by the judge i.e. presiding officer of civil court.
  2. Need to be in writing: It is only after the judge has reduced his decision into writing that a judgment comes into existence. An oral pronouncement is not a judgment. Judgment must be in writing.
  3. Grounds of decree or order: Every statement of grounds will not be a judgment but will be so only if such decisions can result in a decree or an order.
  4. Pronounced in Open Court: It should be pronounced in open court, after the completion of evidence.
  5. Purpose of Interpretation: For the purpose of interpretation of the judgment must be read as a whole.
  6. Language of Judgment: The language of the judgment must be English or the language of the court.
  7. Given in the presence of Both parties: It must read over to the parties and must be given in the presence of both parties to the suit.

Read More: What is Law

Kinds of Judgment:

C.P.C provides only one kind of judgment, i.e. foreign judgment under section 2(6) as any judgment given by the foreign court situated beyond the limits of Pakistan and not established by the Federal Government.

Introduction to Order:

A decision of court short of a decree is called order. In other words, every decision of a court that is not a decree is “order”.

Order Meaning:

Legally, order means “a decision of a court or judge made in writing”.

Definition of Order Section 2(14) of CPC:

“Order means the formal expression of any decision of a Civil court which is not a decree”.

Scope of Order:

The order covers commands or directions that something be done, discontinued or suffered, but it does not include “sentence and finding”.

Ingredients of Order:

Judicial order must contain the following:

  1. Discussion of the question at issue and reasons thereof.
  2. Order must be precise, logical, clear and without creating confusion in the minds of the parties.
  3. Order written by a clerk and signed by a judge is not proper order.

Essential Elements of Order:

Following are the essential elements of order:

  1. Decision: The expression decision refers to judicial decimation of facts in accordance with the evidence.
  2. By Civil Court: Decisions must be made by the judge of the Civil Court and not of the administrative tribunals.
  3. Formal expression: The decision given by Court must be formally expressed i.e. it must be in writing, precise and the language must be deliberate so that the execution would be possible.
  4. Not a decree: The definition of order, specifically excludes the decree from its ambit, and as such any adjudication of court which is a decree, cannot be an order at the same time.
  5. Must be in writing: The order of the court must be in writing.
  6. Capable of execution: The order of the court must be capable of execution.
  7. Nature: The order of the court need not be conclusive in nature.

Read More: Advantages and Disadvantages of Law

Classes of Order:

Following are the two kinds of order:

  1. Final order
  2. Interlocutory order.

Difference Between Judgment and Decree:

JudgmentDecree
Nature:
Judgement is logical substantive in nature because it is based on grounds or reasons.A decree is a procedural and technical in nature because it is a formal expression of the judgement
Determination of rights:
Judgement determines the rights of the parties to a matter in controversyWhereas decree gives conclusiveness to such determination
Effectiveness
Judgement is effective at the moment it is pronouncedIt is not effective when it is passed, it has to go through the process of execution
Execution
Decree is executedJudgement is not executed; however, the decree shall be in accordance with a judgement
Right of appeal
No appeal lies against a judgementAn appeal lies from the decree.

Difference Between Decree and Order:

DecreeOrder
Nature
Every decree is an orderBut every order is not a decree
Determination of rights
A decree must conclusively determine the rights of the parties and thus conclusive in natureit is not essential for an order to conclusively determine the rights of the parties
Right of appeal
Ordinary an appeal lies from every decreeOrder is only appealable if so provided
Right of second appeal
The second appeal may lie against a decreeno second appeal should lie against an order passed in appeal
Nature of suit
Decree is only restricted to civil suitsThere is no such restriction
Final adjudication
There must be a final adjudication of the disputesThere is no final adjudication of the disputes
Kinds/divisions
Decree may be final or preliminaryThere is no such division
Classes
Decree is of 5 classes provided under section 2(2)While order may be of final or interlocutory.

Difference Between Judgment and Order:

JudgmentOrder
Nature
It is substantial and logical in natureIt is the formal expression of the judgement and procedural in nature
Appeal
No appeal lies from a judgementIt is appealable in accordance with the provisions of section 104 read with or 43 CPC
Conclusiveness
Judgment once pronounced became final and conclusive and the judge has become functus officioAn order is not conclusive and the court may look into the order once again
Effectiveness
Judgment is effective at the moment it is pronouncedAn order is effective on its execution through the process laid down in order 21 CPC
Execution
It is executedIt is not executed
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