6. Decree, Order & Judgment

 

6. Decree, Order & Judgment

The adjudication (a formal judgment)  of Court of law may be divided into 2 class :

A.   DECREE (Sec 2(2)) :

            Decree means a formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regards to all or any of the matters in controversy in the suit & may be either preliminary or final.

It shall be declared to include the rejection of plaint & determination of any question but shall not include –

a.                Any adjudication from which an appeal shall lies as an appeal from an order, or  Any Order of dismissal of default.    

Essential elements of Decree 

There must be adjudication.

2.    Such adjudication must have been done in suit.

3.    It must have been determined the rights of the parties with regard to all or any of the matters in the controversy in suit.

4.    Such determination must be of conclusive nature.

 Classes of Decrees : 3 Classes of Decrees :

1.  Preliminary Decree :

        Where adjudication decides the rights of the parties with regard to all or any of the matters in controversy in the suit, but it does not completely dispose of the suit, it is preliminary.

        A preliminary Decree passed in those cases in which the court has to first adjudicate upon the rights of the parties & has then to stay, its hands for the time being, until it is in a position to pass a final Decree in the suit.

        Preliminary Decree is only stage in working out the rights of the Parties which are to be finally adjudicated by a final Decree till then the suit continues.

Example: Suits For -

Possession & mesne profits	Pre-emption
Dissolution of Partnership	Account between Principal & Agents
Partition & Separate Possession	Sale of Mortgaged Property.

The passing of Preliminary Decree is only a prior stage to the passing of final Decree, if an appeal preferred against a preliminary Decree succeeds the final Decree falls automatically on the ground for there is no preliminary Decree. 

2.      Final Decree :

A Decree may be said to be final in 2 ways:

a)   When within prescribed period no appeal is filed against the Decree &

       When the Decree completely disposes of the suit.

A final Decree is one which he is completely disposed the suit & finally settles all the                         questions in the controversy between the parties & nothing to be decided thereafter.

Ordinarily there is only one final decree in the suit but in special circumstances where 2 or     more causes of actions are joined together, there can be more than one final Decree. 

 

3.  Partly Preliminary & Partly Final Decree:

A Decree may be partly preliminary or partly final.

Example – In a suit for possession of immovable property with mesne profits where the court        has passed –

a.     Decrees for possession of the property or

b.    Directs an enquiry into the mesne profits.

The former part of Decree is final while later part of Decree is only preliminary Decree.

 

B. ORDER :

            Order means the formal Expression of any decision of Civil Court which is not a Decree. Thus the adjudication of court which is not a Decree is an Order.

SIMILARTIES
DECREE	ORDER
1.            Both relates to matter in controversy
2.            Both are Decision given by Court
3.            Both are adjusdication of Court of Law
4.            Both re formal expression of decision
DIFFERENCE
DECREE	ORDER
Can be passed in suit which is commenced by presentation of plaint.	May originate from suit by presentation of plaint or may arise from proceeding commenced by petition or an application.
Is an adjudication that conclusively determines   the rights of the parties with regard to all or any of the matters in controversy.	May or may not finally determine such rights.
May be preliminary or final or partly preliminary or partly final.	It cannot be preliminary.
Except in certain suits where there are 2 decrees one is preliminary & the other final are passed, in every suit there can be only one Decree.	In case of suit or proceeding a number of Orders may be passed.
Every Decree is appealable unless otherwise provided.	Every Order is not appealable.
A second appeal lies to the high court on certain grounds from the Decree passed in first Appeal.	There may be two appeals, while no second appeal lies in case of appealable Orders.

 

C. JUDGEMENT :

A judgment refers to the final decision or ruling made by a court in a lawsuit or legal proceeding. It is the court's official determination on the issues presented in the case and often brings the matter to a conclusion.

A judgment is typically rendered after the court has heard the arguments and evidence presented by the parties involved in the case. The judge or a jury, depending on the type of case and jurisdiction, evaluates the facts, applies the relevant laws, and reaches a decision on the merits of the dispute.

 

A judgment may include several elements:

1.     Findings of Fact: 

The judgment may outline the court's findings regarding the factual issues relevant to the case. These findings are based on the evidence and testimony presented during the trial or legal proceeding.

 2.     Conclusions of Law: 

The judgment will include the court's conclusions on the applicable laws and how they apply to the facts of the case. It may discuss legal principles, statutes, and precedents that guided the court's decision.

 3.     Disposition: 

The judgment will state the court's final decision or resolution of the case. It may include orders for specific remedies, such as damages, injunctions, or declaratory relief. The judgment will specify the rights and obligations of the parties involved.

  4.     Remedies or Damages: 

If the judgment awards monetary compensation or other remedies, it will detail the amount or nature of the award. The judgment may specify the method and timeline for the enforcement or satisfaction of the judgment.

Once a judgment is issued, it is binding on the parties involved in the case. It represents the final resolution of the dispute unless it is appealed or modified through further legal proceedings. Parties can seek to enforce a judgment and may take legal action to ensure compliance with its terms.

It's important to note that the specific requirements and procedures for obtaining a judgment may vary across jurisdictions and types of cases. The rules and practices governing judgments are typically outlined in the applicable laws and court rules of the Relevant jurisdiction.

In short -

Judgment:

A judgment is the final decision or ruling made by a court at the conclusion of a lawsuit or legal proceeding. It is the court's determination on the issues presented and often includes the court's reasoning and legal analysis. A judgment typically resolves the main dispute between the parties and determines their rights and liabilities.

Decree:

A decree is a specific type of judgment that is typically associated with equitable matters, such as family law, property disputes, or matters requiring ongoing supervision by the court. It is an authoritative order or decision issued by a court that provides specific instructions or directions to the parties involved. Decrees often relate to matters of injunctions, specific performance, or other equitable remedies.

Order:

An order is a directive or command issued by a court during the course of a legal proceeding. It is an authoritative decision that regulates the conduct of the parties involved or governs a particular aspect of the case. Orders can address various matters, such as procedural issues, discovery disputes, temporary injunctions, or requests for clarification or modification of a previous judgment or decree.