Many of us are very familiar with the terms of order decree and judgement. But it is very important to understand the meaning of each one of the terms so that we can use them correctly in the correct place. Most of these terms are used to share judicial decisions in courts. The judge of the court uses these three terms: order, decree and judgement in different places. In this article, we will try to analyze the difference between order, decree and judgement in detail.
Those who want to collect all information and important details regarding the difference between order, decree and judgement can follow us and read the whole article.
What Is A Judgement?
We are very much used to and familiar with the term of judgement. However, the term judgement is usually used by judges in the court. Besides that, the judgement is often given by the judge of the court after hearing all of the cases of both of the parties. Judgement is the final verdict that is given by the judge to the criminal. After hearing all of the arguments and things from both of the parties in the court, the judge decides whether to give a full sentence or other punishment to the criminal or decree. Besides that, through the judgement, we can finally understand the final decision of the court or judge. Even the final punishment for the criminal is described by the judgement.
What Is A Decree?
In simple words, the decree meaning is a very formal expression by the Civil Court. Besides that, the term decree also defines the relations between all of the parties who come to the Civil Court. Moreover, the term decree also defines the final decision of the court in terms of the rights and obligations of the parties involved in the courtroom.
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What Is An Order?
In the legal procedure in civil court, we find the term of the order, which is also used by the civil court judge in the courtroom. Besides that, the order is the decision of the judge, and it is not qualified as a decree. Moreover, the term order is also a very formal expression of the Civil Court judge.
Key Differences Between Order, Decree And Judgement
Now, in this paragraph, we will try to elaborate on the key differences between order decree and judgement. If you want to understand the difference between order, decree, and judgement, go through the whole paragraph.
| Criteria | Order | Decree | Judgement |
| Definition | Formal expression of a decision that is not a decree (Section 2(14) of CPC). | Formal expression of adjudication that conclusively determines rights (Section 2(2) of CPC). | A statement given by the judge based on a decree or order (Section 2(9) of CPC). |
| Essentials | Formal expression, non-decree, must be issued by a civil court. | Adjudication, suit, determination of rights, conclusive, formal expression. | A concise statement of the case, points for determination, the decision on points, reasons for the decision, and relief granted. |
| Types | Final, Interlocutory, Appealable, Non-Appealable. | Preliminary, Final, Partly Preliminary and Final, Deemed Decree. | No specific types of judgements. |
| Appealability | Only certain orders are appealable under Section 104 and Order 43 Rule 1. | Appealable under normal circumstances, second appeals may also lie. | Judgements themselves are not appealable, but the decree/order based on it may be. |
| Finality | May or may not be final, depending on the nature of the order. | Conclusive determination of rights; final except when appealed. | Forms the basis for a decree or order, not final on its own. |
| Relation to Case | Addresses procedural or substantive issues, may or may not conclude rights. | Concludes the rights of the parties in a civil suit. | Provides reasoning for the court’s decision. |
Difference Between Decree And Order
| Criteria | Order | Decree |
| Definition | Formal expression of a decision that is not a decree (Section 2(14) of CPC). | Formal expression of adjudication that conclusively determines rights (Section 2(2) of CPC). |
| Essentials | Formal expression, non-decree, must be issued by a civil court. | Adjudication, suit, determination of rights, conclusive, formal expression. |
| Types | Final, Interlocutory, Appealable, Non-Appealable. | Preliminary, Final, Partly Preliminary and Final, Deemed Decree. |
| Appealability | Only certain orders are appealable under Section 104 and Order 43 Rule 1. | Appealable under normal circumstances, second appeals may also lie. |
| Finality | May or may not be final, depending on the nature of the order. | Conclusive determination of rights; final except when appealed. |
| Relation to Case | Addresses procedural or substantive issues, may or may not conclude rights. | Concludes the rights of the parties in a civil suit. |
Difference Between Decree And Judgement
| Criteria | Decree | Judgement |
| Definition | Formal expression of adjudication that conclusively determines rights (Section 2(2) of CPC). | A statement given by the judge based on a decree or order (Section 2(9) of CPC). |
| Essentials | Adjudication, suit, determination of rights, conclusive, formal expression. | A concise statement of the case, points for determination, the decision on points, reasons for the decision, and relief granted. |
| Types | Preliminary, Final, Partly Preliminary and Final, Deemed Decree. | No specific types of judgements. |
| Appealability | Appealable under normal circumstances, second appeals may also lie. | Judgements themselves are not appealable, but the decree/order based on it may be. |
| Finality | Conclusive determination of rights; final except when appealed. | Forms the basis for a decree or order, not final on its own. |
| Relation to Case | Concludes the rights of the parties in a civil suit. | Provides reasoning for the court’s decision. |
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FAQs
What is the difference between judgement, decree and order?
To understand the difference between judgement and decree and order, you can follow the above article, as we have elaborated on each one of the terms in detail.
Is a judgement the same as a decree?
Both the terms judgement and decree are somehow the same as each other, but both of the terms hold significant meanings, which makes them different.
What is the meaning of an order decree?
The meaning of order decree is the official decision of the court.
What is the difference between a decree holder and a judgement debtor?
The difference between the decree-holder and the judgement debtor is that the decree-holder gets all the benefits of the court, and the judgement debtor is the person who will follow up on all of the court’s decisions and will fulfill them.
Is decree passed after judgement?
The decree follows the judgement and must be drawn up separately.