RAJIV GANDHI NATIONAL UNIVERSITY OF LAW

CIVIL PROCEDURE AND LIMITATION: PROJECT

TOPIC: JUDGEMENT, ORDER AND DECREE AND COSTS IN CIVIL CASES

SUBMITTED TO: SUBMITTED BY:

DR. MANOJ KUMAR A MOGH
MITTAL
ASST. PROF. OF LAW ROLL NO.:
18223
SECTION : B
GROUP : 37

1|Page
 ACKNOWLEDGEMENT

This project has been made possible because of the guidance and wisdom of my professor Dr.
Manoj Kumar. The resources provided by the university library have been instrumental in
enabling me with the knowledge demanded by the topic assigned.
I would like to thank my Professor for giving me the opportunity to work on this topic for the
assigned project.

2|Page
 CERTIFICATE

This is to certify that Amogh Mittal, Batch of 2018-23, Roll No. 18223 is a bona fide student
of Rajiv Gandhi National University of Law, Patiala and has written this project on
“JUDGEMENT, ORDER AND DECREE AND COSTS IN CIVIL CASES” under the
supervision of Dr. Manoj Kumar.

3|Page
TABLE OF CONTENT

4|Page
1. SCOPE OF THE PAPER......................................................................................................6

1.1. Research Questions..........................................................................................................6

1.2. Objectives of the Study......................................................................................................6

1.3. Research Methodology.....................................................................................................6

2. INTRODUCTION.................................................................................................................7

3. JUDGEMENT: ESSENTIALS AND JUDICIAL INTERPREATION............................8

3.1. Essentials of a Judgement.................................................................................................9

3.2. Pronouncement of Judgement...........................................................................................9

4. DECREE: ESSENTIALS AND JUDICIAL INTERPRETATION................................10

4.1. Essentials of a Decree....................................................................................................11

4.2. Types of Decree..............................................................................................................12

4.2.1. Preliminary Decree..................................................................................................12

4.2.2. Final Decree.............................................................................................................13

4.2.3. Partially preliminary and partially final decree.......................................................13

5. ORDER: ESSENTIALS AND JUDICIAL INTERPRETATION..................................14

5.1. Essential elements of order.........................................................................................14

5.2. Kinds of Order.............................................................................................................14

5.3. Classes of Order..........................................................................................................14

6. COSTS IN CIVIL CASES..................................................................................................15

6.1. Main Rules to Award Cost..............................................................................................15

6.2. Compensatory costs in respect of false or vexatious claims...........................................16

6.3. Costs for Causing Delay.................................................................................................17

7. DIFFERENCES BETWEEN JUDGEMENT, DECREE, AND ORDER.......................17

5|Page
8. CONCLUSION....................................................................................................................19

6|Page
 1. SCOPE OF THE PAPER

In the beginning, it is essential to define or the limit the scope of the paper, considering the
reservoir of research that can be undertaken considering the ambit of the topic. In the paper, I
have analysed the different concepts of judgement, order, and decree. Further, I have
scrutinized the various essential elements of judgement, order, and decree. Moreover, the
allocations of the costs in civil cases have been analyzed.

1.1. Research Questions

 What are the concepts of judgements, decrees, orders and cost in civil suits in India?
 What are the differences between the concepts of judgements, decrees and orders in civil
suits in India?
 How are costs allocated under the Indian civil law?

1.2. Objectives of the Study

 1. To understand the concepts of judgements, decrees, orders and cost in civil suits in
India.
 To understand the differences between the concepts of judgements, decrees and
orders in civil suits in India.
 To understand how costs are allocated under the Indian civil law.

1.3. Research Methodology

The presented article will follow the ‘Doctrinal Method’ of research and will involve
consultation with both primary and secondary sources. The primary sources shall include the
case law relevant to topic at hand. The secondary sources will include reference to
commentaries, books, research papers and articles to analyse the primary research. The format
of citation will be Harvard Bluebook 19th ed.

7|Page
 2. INTRODUCTION

The Civil Procedure Code consolidates and amends the law relating to the procedure of the
Courts of Civil jurisdiction. “Judgement” as defined in Section 2(9) of the Civil Procedure Code
means the statement given by the Judge on the grounds of a decree or order. A decree as defined
under Section 2(2) of Civil Procedure Code, is a formal expression which determines the interest
of both the parties in a conclusive manner, with regards to any disputed matter in a civil suit.
Judgements play a very important role in the working of our judicial system because they act as
precedents for cases to come in the near future.1

The term decree is defined in Section 2(2) of the CPC, 1908. A decree always follows judgement
and is based upon a judgement. It is divided into five types unlike judgement which is final in
itself. A decree may be final or preliminary. It is a formal declaration or adjudication and is
conclusive in nature. A decree is of three kinds namely, preliminary decree, final decree and
partly preliminary & partly final. A decree may be delivered with an order. The decree contains
the outcome of the suit and conclusively determines the rights of the parties with regard to the
issues in dispute in the suit. After passing the decree, the suit stands disposed of since the rights
of the parties are finally determined by the court. This project examines various facets of a
decree in civil suits, such as essentials of a decree, kinds, necessity and contents.2

A decree, shall be deemed to include the rejection of a plaint but not any adjudication from
which an appeal lies or any order of dismissal for default. A preliminary decree decides the
rights of parties on all or any of the matters in controversy in the suit but does not completely
dispose of the suit. A preliminary decree may be appealed against and does not lose its appellate
character by reason of a final decree having been passed before the appeal is presented. The
Court may, on the application of any party to a suit, pass orders on different applications and any
order which is not the final order in a suit is called an “interlocutory order”. An interlocutory
order does not dispose of the suit but is merely a direction to procedure. It reserves some
questions for further determination.3

1
Civil Procedure Code, 1908, § 2(9).
2
Civil Procedure Code, 1908, § 2(2).
3
S. Hayer, Judgement, Decree and Order, Caveat, LAW TIMES JOURNAL, (Jan. 16, 2019),
https://lawtimesjournal.in/judgement-decree-order-cavet/

8|Page
Section 2(14) defines order as the formal expression of any decision of a Civil Court which is not
a decree. Thus, the term is defined in negative terms and refers to the adjudication of the court
which is not a decree. As a general rule, an order of a court 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. This project
studies the concept of orders in more detail.4

Lastly, this project also analyses costs in civil proceedings. The term cost is defined in Section
35 of the Code of Civil Procedure, 1908. 5 The primary objective of ordering costs is to provide
the litigant with the expenses incurred by him during the litigation. In Peddssanna v.
Srinivasayya6, the court held that the object of awarding cost to a party is to indemnify him
against the expenses incurred in successfully vindicating his rights. Cost cannot be imposed by
way of penalty to opposite party. It does not enable a party to make profits out of it. Cost is an
indemnity, and no more than indemnity.

3. JUDGEMENT: ESSENTIALS AND JUDICIAL INTERPREATION

Under Section 2(9) of the Code, Judgment is defined as the statement given by the Judge on the
grounds of a decree or an order. It refers to what the judge observes regarding all the issues in
matter and the decision on each of the issues. Hence, every judgment consists of facts, evidence,
findings etc. and the conclusion made by the court. In simple terms, a judgement is the reasoning
given by the judge as to why the ‘decree’ was given which explains the legal reasoning that
formed the basis for the decree, along with the citation of the relevant case laws, arguments by
the counsels, and the conclusions reached by the Court. It forms the concluding part of a civil
suit and it determines the rights and liabilities of the parties to the suit. 7 In Surendra Singh v.
State of U.P.8 Justice Vivian Bose defined a judgment as "the final decision of the court
intimated to the parties and to the world at large by formal 'pronouncement' or 'delivery' in open
court."9
4
Civil Procedure Code, 1908, § 2(14).
5
Civil Procedure Code, 1908, § 35.
6
Peddssanna v. Srinivasayya AIR 194 SC 26
7
Nikitha, Decree, Judgment and Order under Code of Civil Procedure, 1908, B&B LEGAL, (Mar. 18, 2020),
https://bnblegal.com/article/decree-judgment-and-order-under-code-of-civil-procedure-1908/
8
Surendra Singh v. State of U.P. AIR 1954 SC 194
9
Id.

9|Page
3.1. Essentials of a Judgement
The essential element of a judgment is that there should be a statement for the grounds of the
decision.10 Every judgment other than that of a court of small causes should contain:
1. A concise statement of the case
2. The points for determination
3. The decision thereon
4. The reasons for such decision
As the Supreme Court in Balraj Taneja v. Sunil Madan11, a judge cannot merely say “suit
decreed” or “suit dismissed”. The whole process of reasoning has to be set out for deciding the
case one way or the other. Even the Small Causes Courts judgments must be intelligible and
must show that the judge 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. Conversely, an order passed by the Central
Administrative Tribunal cannot be said to be a judgment, even it has been described as such.
Similarly the meaning of the term ‘judgment’ under the Letters Patent is wider than the
definition of ‘judgment’ under the CPC.12
3.2. Pronouncement of Judgement
The word pronouncement means to make an official public announcement. Pronouncement of a
judgement means that after the hearing is completed i.e. after the Court has heard the pleadings
of the parties, the judgement shall be announced by the Judges in an open Court, either at once or
at some future day, after providing due notice to the parties or their learned counsels. 13 If a
judgement is not pronounced immediately then it must be pronounced within 30 days from the
date of the conclusion of hearing.
In R.C. Sharma v. Union of India 14, court held that In order to avoid inordinate delay in the
delivery of the judgments after the conclusion of the hearing of cases a time limit for the same
has been fixed. If the judgment is not pronounced at once after the case has been heard, every
effort is to be made by the court to pronounce the judgment within 30 days from the date on

10
Vidyacharan Shukla v.Khubchand Baghel AIR 1964 SC 1009
11
Balraj Taneja v. Sunil Madan, (1999) 8 SCC 396 , at ¶ 415.
12
Shah Babulal v. Jayaben D Kania (1981) 4 SCC 349.
13
S. Mahawar, Judgement and Decree under Code of Civil Procedure, 1908, IPLEADERS, (Feb. 27, 2020),
https://blog.ipleaders.in/judgement-and-decree-under-cpc/#Costs.
14
R.C. Sharma v. Union of India, AIR 1976 SC 2037

10 | P a g e
which the hearing of the case was concluded. However, if it is not practicable to do so on the
ground of "exceptional and extraordinary circumstances" of the case, the court shall fix a future
day for the pronouncement of the judgment and such day shall not ordinarily be beyond sixty
(60) days from the date on which the hearing of the case was concluded.15
In Anil Rai v. State of Bihar16, after the conclusion of arguments by the counsels, the judgment
was reserved by the court which was pronounced after two years. The court observed: "In a
country like ours where people consider the Judges, second to God, efforts are made to
strengthen that belief of the common man. Delay in disposal of cases facilitates the people to
raise eyebrows, sometimes genuinely which, if not checked, may stake the confidence of the
people in judicial system."17

4. DECREE: ESSENTIALS AND JUDICIAL INTERPRETATION

A decree as defined under Section 2(2) of Civil Procedure Code, is a formal expression which
determines the interest of both the parties in a conclusive manner, with regards to any disputed
matter in a civil suit. Significantly, a decree is a formal expression of adjudication by which the
court determines the rights of parties regarding the matter in a controversy or a dispute. A set-off
or a counterclaim can be obtained on the decree.18
A decree shall be deemed to include
 Rejection of a plaint
 Determination of any question under Section 144 of the Act.
The decree might not include
 Any adjudication from which an appeal lies as an appeal from an order
 Any order of dismissal for default19
Illustration: In a suit between A and B wherein A claims that a particular property ‘P’ belongs
him while B claims that the said property belongs to him. After hearing all the arguments, the
court will rule in the favor of either A or B. The final decision of the court regarding the above
claim i.e. whether the property belongs to A or B, is a decree.
15
Id.
16
Anil Rai v. State of Bihar AIR 2001 SC 3173
17
Id.
18
D. Sehgal, Distinguishing order, decree and judgement under CPC, 1908, IPLEADERS, (Dec. 4, 2020),
https://blog.ipleaders.in/distinguishing-order-decree-judgement-cpc-1908/.
19
Nikitha, supra note 7.

11 | P a g e
4.1. Essentials of a Decree
Following are the mandatory elements to be fulfilled for the adjudication to be termed as a
decree;
1. Formal expression:
There must be a formal expression of adjudication. In simple terms to be a decree, the court must
formally express its decision in the manner provided by law. A mere comment of the judge
cannot be a decree. The decree follows the judgement and must be drawn up separately. If a
decree has not been drawn up, then there is absolutely no scope of an appeal from the judgment
i.e. No appeal lies against the judgement, if the decree is not formally drawn upon the judgement.
2. Adjudication:
It means judicial determination of the matter in dispute. Hence, if the decision is of
administrative in nature, then it cannot be considered as a decree. The adjudication must be about
any or all of the matters in controversy in the suit. The court should resolve the matter of
controversy through its own, by applying the facts and circumstances of the case therein. The
Supreme Court in Madan Naik v. Hansubala Devi20, held that if the matter is not judicially
determined then, it is not a decree. Also, in Deep Chand v. Land Acquisition Officer21, the apex
court held that the adjudication should be made by the officer of the Court, in absence of which it
is ought not to be recognized as a decree.
3. Suit:
The Adjudication must have been given in a suit, which is commenced by filing a plaint in a civil
court. Without a civil suit there lies no decree. However, there are several specific provisions
which enable certain applications to be treated as suits such as proceedings under the Hindu
Marriage Act, the Indian Succession Act, the Land Acquisition Act, etc. They are regarded as
statutory suits and the decision given thereunder are decrees. In Hansraj Gupta v. Official
Liquidators of The Dehra Dun-Mussoorie Electric Tramway Co. Ltd.22, their Lordship of the
Privy Council stated that the word ‘suit’ ordinary means, a civil proceeding instituted by the
presentation of a plaint.”
4. Rights of the parties:

20
Madan Naik v. Hansubala Devi AIR 1983 SC 676.
21
Deep Chand v. Land Acquisition Officer, 1994 AIR 1901.
22
Hansraj Gupta v. Official Liquidators of The Dehra Dun-Missoorie Electric Tramway Co. Ltd, AIR 1935 All 995

12 | P a g e
‘Right’ means substantive rights and not merely procedural rights. Similarly, the parties to the
rights in controversy should be the plaintiffs and defendants and, if an order is passed upon the
application made by a third party who is a stranger to suit then it is not a decree. It must have
determined the rights of the parties with regard to all or any of the matters in controversy in the
suit. An order rejecting the application of a poor plaintiff to waive the court costs is not a decree
because it does not determine the right of the party in regards to the matters alleged in the suit. 23
Dismissing a suit for default in appearance of the plaintiff is not a decree. However, dismissing a
suit on merits of the case would be a decree. The disputed matter should be the subject matter of
the suit, regarding which the relief is sought. Any question regarding the status and characters of
party suing, the jurisdiction of the court, maintainability of suit or any other preliminary matter is
covered under this subject.24
5. Conclusive Determination:
The decision must be one which is complete and final as regards the court which passed it. This
means that the court will not entertain any argument to change the decision i.e. as far as the court
is concerned, the matter in issue stands resolved. For example, an order striking out defence of a
tenant under a relevant Rent Act, or an order refusing an adjournment is not a decree as they do
not determine the right of a party conclusively. An interlocutory order which does not finally
determine the rights of parties is not considered as a decree. On the other hand, out of several
properties in issue in a suit, the court may make a conclusive determination about the ownership
of a particular property. Such a conclusive determination would be a decree even though it does
not dispose of the suit completely. The Calcutta High Court in Narayan Chandra v. Pratirodh
Sahini25 held that the determination should be final and conclusive regarding the court which
passes it.
4.2. Types of Decree
The Civil procedure code recognises three kinds of decrees
a. Preliminary decree
b. Final decree
c. Partially preliminary and partially final decree

23
Adinarayan v. Narsimha, AIR 1931 Mad. 471.
24
Des Raj v. Om Prakash AIR 1986 P & H 3.
25
Narayan Chandra v. Pratirodh Sahini, AIR 1991 Cal 53

13 | P a g e
4.2.1. Preliminary Decree
A decree is identified as a preliminary decree when an adjudication decides the rights of parties
regarding all or any of the matter in dispute but it does not dispose of the suit completely. In
simple terms, the preliminary decree is passed when the court is compelled to adjudicate upon a
certain matter before proceeding to adjudicate upon the complete dispute. It is considered to be
only a former stage. As held in the case of Mool Chand v. Director, Consolidation 26, a
preliminary decree is only a stage to work out the rights of parties until the matter is finally
decided by the Court and adjudicated by a final decree. However, in Narayanan vs Laxmi
Narayan27 it was held that the list given in code is not exhaustive and a court has the right to pass
a preliminary decree in cases not expressly provided for, within the code.
Illustration:
A files a partition suit against B. During the proceedings, the Court passes a preliminary decree
on the share of A and B. Subsequently, after hearing both the parties and the arguments
contended by both, the court passes a final decree adjudicating upon the said partition.
4.2.2. Final Decree
A decree is recognised as ‘final’ when it disposes of the suit completely, so far as the court
passing it is concerned. A final decree settles all the issues and controversies between the parties
to the suit by the court of law. Consideration of final decree depends on the facts the following
facts
 No appeal was filed against the said decree within the prescribed time period.
 The disputed matter in the decree has been decided by the highest court.
 When it completely disposes off the suit.
Primarily, a civil suit contains only one preliminary and one final decrees. However, in
Gulusam Bivi v. Ahamadasa Rowther28, the Madras High Court in the light of Order 20 Rule 12
and 18 stated that the code nowhere contemplates more than one preliminary or final decree.
Reinforcing this observation, the Supreme Court in Shankar v. Chandrakant29, finally settled the
conflict of opinion and stated that more than one final decree can be passed in a single suit.

26
Mool Chand v. Director, Consolidation, Appeal (civil) 10214 of 1981.
27
Narayanan vs Laxmi Narayan, AIR 1953 All 713.
28
Gulusam Bivi v. Ahamadasa Rowther, 51 Ind Cas 140.
29
Shankar v. Chandrakant, 1995 SCC (3) 413.

14 | P a g e
4.2.3. Partially preliminary and partially final decree
A decree shall be held as partly preliminary and partly final, when it determines certain disputes
but leaves the rest open for further decision. What is executable is a final decree and the one
which is not executable is a preliminary decree, unless it merges with the final one.

Illustration:
‘A’ filed a suit for the recovery of possession of a property from B. The court passed a partly
preliminary and partly final decree. So far as final decree is concerned if the court granted
possession of the suit property to A; and it was preliminary as even though mesne profits were
awarded. In this case, only the granting of possession of property to A will be executable;
however, preliminary decree will be executable only after the amount due is determined.30

5. ORDER: ESSENTIALS AND JUDICIAL INTERPRETATION

The term Order has been defined under Section 2(14) of the Code as the formal expression of
any decision of a civil court which is not a decree.
5.1. Essential elements of order:
 It should be a formal expression of any decision.
 The formal expression should not be a decree.
 The decision to be pronounced by a civil court.31
Thus, an adjudication of the court which is not a decree is an order. As a general rule, an order of
a court is founded on the objective considerations and as such judicial order must contain a
discussion of the question at issue and the reasons which prevailed the court which led to the
passing of the order.32
5.2. Kinds of Order
 Appealable orders – Orders against which an appeal lies.
 Non appealable orders – Orders against which no appeal lies.33
5.3. Classes of Order
Similarly, there are two classes of orders:
30
Sehgal, supra note 18.
31
Nikitha, supra note 7.
32
Mahawar, supra note 12.
33
Id.

15 | P a g e
  Final orders – An order that disposes of all of the claims and adjudicates the rights and
liabilities of all the parties in the suit.
 Interlocutory orders – Interlocutory order only settles an intervening matter relating to the
cause. Such orders are made to secure some end and purpose necessary which are
essential for the progress of case. In simple terms, a temporary order issued during the
course of litigation is called Interlocutory order. Also known as the Interim order, is the
decision of the court which does not deal with the finality of the case but rather settles a
subordinate issue relating to the main subject matter.

6. COSTS IN CIVIL CASES

Section 35 deals with the power of the court to award cost. It provides that:
1. the cost and incident to all suits shall be in the discretion of the Court;
2. the court shall have full power to determine by whom or out of what property and to what
extent costs are to be paid; and
3. where costs are not to follow the event, the court shall state its reasons in writing.34
In Peddssanna v. Srinivasayya35, the court held that the object of awarding cost to a party is to
indemnify him against the expenses incurred in successfully vindicating his rights. Cost cannot
be imposed by way of penalty to opposite party. It does not enable a party to make profits out of
it. Cost is an indemnity, and no more than indemnity.36

6.1. Main Rules to Award Cost

(i) As already pointed out award of cost is within the discretion of the court. But the
discretion must be exercised judicially and on the basis of well-established legal
principles. In Shephard v. Union of India37, court held that it must not be exercised by
chance, med lay, or by caprice or in temper,
(ii) The normal rule is that costs shall follow the event that is, cost follow the result of the
suit. Where a departure is to be made from the said rule, there must be good reasons.

34
35
Peddssanna v. Srinivasayya AIR 194 SC 26
36
Id.
37
Shephard v. Union of India, AIR 1988 SC 686

16 | P a g e
 Even a successful party may not be awarded with costs for good reasons. He may also
be deprived of the cost if he is guilty of misconduct.38
(iii) Cost is allowed even in public interest litigation. Thus, where in an eye camp
irreversible damage was done to the eyes of patients operated upon and a social
organization expressed the cause of unfortunate victim and prosecuted it with
diligence, there the Supreme Court of India held in A.S. Mittal v. State of U.P.39 that
petitioner espousing the cause of victims is entitled to costs.
(iv) Under this section the court can direct that the cost shall be paid by the defendant,
that whole of the cost of the suit shall be borne by both plaintiff & defendant in equal
shares, that both parties shall bear their own costs. Doctrine of merger is not
applicable in the matter of realisation of costs in a suit.40
(v) In Salem Advocates Bar Association v. Union of India41, the court held that the
practice of awarding no cost or nominal cost encourages filing of frivolous suits and
defences. Realistic cost should be awarded.
6.2. Compensatory costs in respect of false or vexatious claims
Compensatory costs are defined in Section 35A of the Code of Civil Procedure,1908.
Compensatory costs are granted in the cases where the claims of the other party are false or
vexatious. Such costs are granted under two conditions, namely, firstly, the claim must be false
or vexatious. Secondly, objections must be made by the other party that the party making the
claim or defence had knowledge of the fact that such claim was false or vexatious. 42 In State of
Kerala v. Thressi43 the court held that it is further required that the claim must have been
disallowed or withdrawn or abandoned in whole or in part. Even exemplary cost may be awarded
under this section where there is misuse of the process of the court that leads to vexatious
litigation.
Applying the principles of Section 35-A of the Code, the High Court of Allahabad held in Suraj
Kumasi v. Distt. Judge, Mirzapur44 that a person who approaches High Court under Article 226
of the Constitution must do so stating all the facts in his knowledge which are necessary for
38
Shephard, supra note 37.
39
A.S. Mittal v. State of U.P. AIR 1989 SC 1570
40
Id.
41
Salem Advocates Bar Association v. Union of India, AIR 2005 SC 3353.
42
Civil Procedure Code, 1908, § 35A
43
In State of Kerala v. Thressi, AIR 1994 SC 1488
44
Suraj Kumasi v. Distt. Judge, Mirzapur AIR 1991 ALL 75

17 | P a g e
invoking the extra ordinary jurisdiction of the court and should not try to mislead the court by
making a false statement, or circumventing or concealing the necessary facts and if the High
Court finds that either a false statement has been made by the petitioner or he has come with
unclear hands i.e. by suppressing the material facts, the High Court should suitably penalize such
a person. Accordingly, the court awarded a compensatory cost of Rs. 2000/-. In K.
Shivamamurthy v. Andhra University45, the court held that if the claim is untenable but not false
the section does not apply. Also the section does not apply to witnesses. The provisions of the
section do not apply to appeal or a revision
6.3. Costs for Causing Delay
These are the costs which the parties are liable to pay in case of default made on their part such
as appearing late in the Court, not submitting the required documents on the specified time, not
paying the costs on time for which further fine has been imposed. These are the costs which are
paid due to carelessness on the part of the parties. Costs for causing delay are defined in Section
35B of the Code of Civil Procedure,1908. This section was introduced by the Amendment
Act,1976. Civil Procedure Code, 1908, § 35A 46 These are costs which are imposed for causing
the delay. It states that where a party did not take a step which it should have under the code or
obtained an adjournment as regards the same, he will have to pay such costs to the other party so
as to reimburse him for attending Court on the designated date. Unless such costs are paid, the
plaintiff shall not be allowed to proceed further in his suit, if she should have paid the costs and
defendant shall not be allowed to proceed with the defence if he was liable to pay such costs. If
however, the party is unable to pay the costs due to circumstances beyond his control, the court
may extend the time.47

7. DIFFERENCES BETWEEN JUDGEMENT, DECREE, AND ORDER

S.No JUDGEMENT DECREE

.
1. Judgment is defined under Section 2(9) Decree is defined under Section 2(2) of
of the Civil Procedure code, 1908. Civil Procedure code, 1908
2. Judgement means statement given by a Decree is an adjudication conclusively
Judge of the grounds of decree or order determining the rights of the parties with
regards to all or any of the matter in the
45
K. Shivamamurthy v. Andhra University, AIR 1966 AP 170
46
Civil Procedure Code, 1908, § 35B
47
Mahawar, supra note 12.

18 | P a g e
 controversy
3. It is not necessary that there should be a It is necessary that there must be formal
formal expression of order in the expression of the decree
judgement
4. Judgement states preciously the relief Decree must determinate the rights of the
granted parties
5. Judgement contains the grounds of Decree follows the judgment
decree.
6. Judgment may be passed in civil suits as Decree is passed in a civil suit
well as in criminal cases.
7. Judgment is not capable of execution Decree is capable of execution

S.No DECREE ORDER

.
1. Section 2(2) of the Code of Civil Section 2(14) of the CPC defines “Order
Procedure defines “Decree”
2. “Decree” means the formal expression According to Section 2(14) of the said
of an adjudication which, so far as Code, “order” means the formal expression
regards the Court expressing it, of any decision of a Civil Court which is not
conclusively determines the rights of a decree
the parties with regard to all or any of
the matters in controversy in the suit
and may be either preliminary or final

3. Decree can only be passed in a suit An order may originate from a suit by
which commenced by presentation of a presentation of a plaint or may arise from a
plaint proceeding commenced by a petition or an
application
4. Decree may be preliminary or final or An order cannot be a preliminary order
partly preliminary and partly final
5. Every decree is appealable Every order is not appealable

8. CONCLUSION

19 | P a g e
The essentials of a decree are that there must be an adjudication, of a suit, dealing with rights of
parties in controversy, that conclusively determines, and it must have a formal expression.
However, an order may or may not exclusively determine the rights of the party. As far as
judgement is concerned, it is the final decision of the court, which is formally pronounced. The
Code’s amendment in 1976 brought in a time restriction within which a judgement must be
pronounced, from the date of completion of hearings.
Decree has to be in line with the judgment and it should present the correct interpretation of the
judgment. But in case, scenario arises where there appears to be a conflict between the judgment
and the decree, then the decree must be reasonably construed and if on such construction both of
them able to remain together, then adhere to that decree. But if it gets difficult for the decree to
stay together with the judgment, then it must be amended under section 151 of the C.P.C. and if
there is any clerical mistakes in the decree, then section 152 of the C.P.C. will take out the decree
safe from the clutch of being declared nullity.
A decree is preliminary when a further procedure has to be taken before the suit can be
completely disposed of. When adjudication completely disposes of the suit such decree is final.
With regards to an order, The starting point for an order need not always be a plaint, it may be an
application or petition. Though being a formal expression, it follows that an order need not
conclusively determine the rights of parties on any matter in dispute. However, it may relate to
the matters in controversy. Whereas, Judgment is the decision of a court of justice upon the
respective rights and claims of the parties to an action in a suit submitted to it for determination.
Judgment is the statement of the Court on the grounds for having arrived at a decision.

20 | P a g e