1) Meaning and Definition of Decree - 


    According to Section 2(2) of the Code of Civil Procedure “decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include -

          (a) any adjudication from which an appeal lies as an appeal from an order, or

          (b) any order of dismissal for default.

Explanation –

    A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit, it may be partly preliminary and partly final.

2) Meaning and Definition of Order - 


       According to Section 2(14) of the said Code,“order” means the formal expression of any decision of a Civil Court which is not a decree.


3) Difference between Decree and Order




No

Decree

Order


1)

Section 2(2) of the Code of Civil Procedure defines “Decree”


Section 2(14) of the CPC defines “Order”

2)

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


According to Section 2(14) of the said Code, “order” means the formal expression of any decision of a Civil Court which is not a decree

3)

In can only be passed in a suit which commenced by presentation of a plaint.

An order may originate from a suit by presentation of a plaint or may arise from a proceeding commenced by a petition or an application.


4)

It may be preliminary or final or partly preliminary and partly final.


An order cannot be a preliminary order.

5)

Where two decrees, 1 preliminary and other final are passed, in every suit there can be only one decree there are certain exceptions

In a suit or proceeding, a number of orders may be passed

6)

Every decree is appealable

Every order is not appealable



See Also...



1. Difference between Res Judicata and Res Subjudice

2. Difference between Judgement and Decree

3. Difference between Corporeal Property and Incorporeal Property

4. Difference between Supreme Legislation and Subordinate Legislation

5. Distinction / Difference between Coercion and Duress


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