There are a lot of technical terms used in the legal field. There are some terms whose meanings are so close that it is impossible to avoid asking if they are interchangeable. They could be difficult to understand at first look. Two examples are “order” and “decree.” Decree and order are defined and distinguished to some extent in the Code of Civil Procedure, 1908 (henceforth referred to as “the CPC”). Further elucidation of the same has been attempted by Indian courts.
order in cpc: About
- During a trial or appeal, the term “order” refers to a formal declaration of the court’s judgment made by a judge or a panel of judges that creates the legal relationships between the plaintiff and defendant without including a decree.
- A judge or court may give an order to a party involved in litigation, instructing them to carry out a certain act, forbidding them from carrying out specific acts, or directing the public authority to carry out specific tasks.
decree in cpc: About
- A decree is a formal directive made by a court or government body. Legally binding orders have legal power behind them. The executive and administrative arms of government have the authority to issue decrees in addition to the courts.
- One can talk about a lot of things, such as rules, guidelines, and enforcement measures. Decrees frequently define rules and procedures as well as a way to enforce adherence to them.
- The date of the judgment serves as the decree’s date of execution; although, it may be signed within 15 days later by the original judge or a substitute judge.
- Preliminary, final, or partially preliminary and final decrees are all possible; in the latter case, the final decree is predicated on the preliminary one, but the former is independent of the latter.
difference between order and decree in cpc
The difference between order and decree with example is as follows:
| ORDER | DECREE |
| An order is the formal statement of any civil court decision that is not a decree, according to Section 2(14) of the CPC. | A decree is the formal expression of an adjudication that, to the extent that the Court expresses it, definitively establishes the parties’ rights with regard to all or any of the items in controversy in the suit. A decree may be preliminary or final. This definition is found in Section 2(2) of the CPC. |
| An order is never subject to change, it is final. | A decree can be somewhat provisional and partially final, or it can be final. |
| With the exception of those listed in Section 104 and Order 43, Rule 1 of the CPC, the majority of orders are not appealable. | In general, a decree is appealable unless specifically forbidden by law. |
| In a lawsuit that can be started with the filing of a petition, an application, or a plaint, an order is made. | In a lawsuit that is started once a plaint is presented, a decree is issued. |
| The procedural rights of the parties are determined by an order. | The parties’ substantive rights and obligations are determined by a decree. |
| One or more than one order could be passed in a lawsuit. | In a lawsuit, typically only one decree is issued. |
The Key difference between order and decree in cpc
- Decrees are the formal declarations made by a court of law outlining the rights of the parties involved in a lawsuit and providing a judgment. An order is the formal declaration of the court’s decision that establishes the parties’ connection during the proceedings.
- Section 2 (14) of the Code of Civil Procedure Act defines a 1908 order, whereas section 2 (2) of the Act defines a decree.
- Orders consider the procedural rights of the parties involved, while decrees address the substantive legal rights of the disputing parties.
- The rights of the defendant and the plaint are made explicit in a decree. In contrast, an order may or may not expressly state the defendant’s and the plaint’s rights.
- Unless expressly prohibited by law, a decree is typically appealable. On the other hand, an order can be appealed or not.
It is common to use the terms “order” and “decree” interchangeably. The formal wording of these statements creates ambiguity about their distinctions. But everyone is different in many ways, as this article explains. The main way that an order and a decree are different is that an order is definitive. Frequently, a decision that is made final only after a case is over resolves the disagreement between the parties regarding their substantive rights. On the other hand, an order outlining the parties’ procedural rights might be made at any stage of the litigation.
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