Distinguish between Order, Judgement and Decree | Comparison between Order-Decree and Judgement-Decree

 

Introduction:

            Judge means the presiding officer of a civil court. The term ‘Court’ has not been defined in the code. According to the dictionary meaning, court means “an assembly of judges or other person acting as a tribunal in civil and criminal cases”. In other words, it is “a place where justice is judicially administered”.

Judgment

Judgment defines under section 2(9) of the code of civil procedure, 1908. As follow.

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

Essential Elements

            The essential elements of judgment are that there should be a statement for the grounds of

the decision. Every judgment other than of court of small causes should contain. The Essential

 Elements of judgment as follow.

1)       Concise statement of the case.

2)      The point for determination.

3)      The decision thereon and

4)      The reason for such decision.

                A judgment of small causes may contain only points 2 and 3.

The Judgement

Case Law:

Balaraj Taneja v/s. Sunil Madan (1999) 8 SCC at p. 415 AIR 1999 SC 3381 at p. 3391.

                The supreme court held that, a judge cannot merely say “suit decreed” or “suit dismissed”. Even the small causes court’s judgments must be intelligible and must show that the has applied his mind. The judgment need not, however, be a decision on all the issues in a case. Thus an order deciding a preliminary issue in a case. E.g. constitutional validity of a statute is a judgment.

Sate of T.N. v/s. S. Thangavel, (1997) 2 SCC 349: AIR 1997, SC 2283.

                The court held that, the conversely, an order passed by the Central Administrative Tribunals cannot be said to be a judgment, even if it has been described as such.

Shah Babulal v/s. Jayaben D. Kania, (1981) 4 SCC 8: AIR 1981 SC 1786.

                The court held that, the similarly, the meaning of the term “Judgment” under the letters patent is wider than the definition of “Judgment” under the code pf civil procedure, 1908.

                At the end of the case, the judge gives the decision, this decision is known as ‘Judgment’. The judgment is a legal process. The judge gives the judgment considering all the evidences or proof. After the judgment given by the judge, the decree is passed. This means that the second step of the judgment is decree. The judgment given in both the civil and criminal matters. This means the statement given by the judge at the final decision of the case is known as ‘Judgment’. The judgment is mandatory in both the civil and criminal procedures. The court after the case has been heard shall pronounce judgment, and on such judgment a decree shall follow.

Distinguish between Judgement and Decree

Points	Judgement	Decree
As to the Section	Judgment defines under section 2(9) of the code of Civil Procedure, 1908.	Decree defines under section 2(2) of the code of Civil Procedure, 1908.
As to the Definition	Judgment means the statement given by a judge of the grounds of a decree or order.	Decree means the formal expression of an adjudication which, so far as regards the court expressing if conclusively determines the rights of the parties with regards to all or any of the matters in controversy in the suit and may be either preliminary or final.
As to the Follow	Judgment does not follow decree, it is contain the grounds of decree.	Decree shall follow judgment.
As to the Passed	Judgment passed by civil and criminal cases.	Decree passed by only Civil suits.
As to the Final	Judgment is always final.	Decree may be preliminary, final and partly preliminary and partly final.
As to the Types	Judgment has no types.	Decree is divided into three types (Preliminary Decree, Final Decree, Partly Preliminary and Partly Final Decree).
As to the Facts	Judgment consists facts of the case.	Decree consists the outcome of the suit.
As to the Disposed Off	Judgment guides to the final disposal of the suit after that the decree is drawn up.	After passing the decree, no one appeals on decree then automatically the suit is disposed off.
As to the Necessarily	It is not necessarily for judgment to give “Formal Expression”.	It is necessarily that, there must be “Formal Expression”.
As to the Capable of Execution	Judgment which is not capable of execution.	Decree which is capable of execution.
As to the Appealable	Judgment is not appealable.	Decree is appealable.

 

Order

Order defines under section 2(14) of the code of civil procedure,1908.

                "Order means the formal expression of any decision of civil court which is not a decree".

                In this way the adjudication of a court which is not a decree is an order. As a general rule, an order of a court of law is founded on objective considerations and as such the judicial order must contain a discussion of the question at issue and the reasons which prevailed with the court which led to the passing of the order.

Similarities of Decree and Order

            As discussed above the adjudication of a court of law may either be (a) A Decree; or (b) An Order: and cannot be both. There are some common elements in both of them, (1) Both relate to matters in controversy; (2) Both are decisions given by a court; (3) Both are adjudications of a court of law; and (4) Both are “Formal Expression” of decision.  

Distinguish between Order and Decree

Points	Order	Decree
As to the Section	Order defines under section 2(14) of the code of Civil Procedure, 1908.	Decree defines under section 2(2) of the code of Civil Procedure, 1908.
As to the Definition	Order means the formal expression of any decision of a Civil court which is not a decree.	Decree means the formal expression of an adjudication which, so far as regards the court expressing if conclusively determines the rights of the parties with regards to all or any of the matters in controversy in the suit and may be either preliminary or final.
As to the Passed In Suit or Otherwise	An order may originate from a suit by presentation of plaint or may arise from a proceeding commenced by a petition or an application.	A decree can only be passed in a suit which commenced by presentation of a plaint.
As to the Conclusive Determination	An order, on the other hand, may or may not finally determine such right.	A decree is an adjudication conclusively determining the rights of the parties with regards to all or any of the matters in controversy.
As to the Classification	An order cannot be a preliminary.	A decree may be divided into the preliminary or final or partly preliminary or partly final.
As to the Number	In the case of suit or proceeding a number of orders may be passed.	Where two decrees, one preliminary and the other final are passed in every suit there can be only one decree, except certain suits.
As to the Appealable or Not	Every order is not appealable, only those orders are appealable as specified in the code of civil procedure, 1908.	Every decree is appealable, unless otherwise expressly provided.
As to the Second Appeal	In case of appealable orders there may be two appeals while no second appeal.	A second appeal lies to the high court on certain grounds from the decree passed in first appeal.

Decree Holder

Definition

            Decree holder defines under section 2(3) of the code of civil procedure, 1908.  

                "Decree holder means any person in whose favor a decree has been passed or an order capable of execution has been made. From this definition, it is clear that the decree holder need not necessarily be the plaintiff ".

Case law

Dhani Rami v/s. Lala Shri Ram, (1980)2 SCC 162 at pp. 165-66: AIR 1980 SC 157 at pp. 159-61

                The court held that, a person who is not a party to a suit but in whose favor an order capable of execution has been passed is also a decree-holder.

Thus, where a decree for specific performance is passed, such a decree is capable of execution, both by the plaintiff as well as the defendant, and, therefore, either of the parties is a decree holder. Similarly, if a decree confers upon someone a right to execute the decree, he is a decree holder. Conversely, if, in an eviction order, time to vacate the premises is granted to the tenant, the landlord cannot be said to be a decree holder in the strict sense till the period is over and the decree becomes executable.

Judgment Debtor

Definition

            Judgment debtor define under section 2(10) of code of civil procedure, 1908.

                "Judgment debtor means any person against whom a decree has been passed, or an order capable of execution has been made".

                Where a decree is passed against a surety, he is a judgment debtor within the meaning of this section. on the other hand, a person who is a party to a suit, but no decree has been passed against him, is not a judgment debtor.