Difference between Judgment and Decree PDF

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Difference between Judgment and Decree JUDGMENT

DECREE

• Judgment is defined under • Decree is defined under Section Section 2(9) of the Civil 2(2) of Civil Procedure code, Procedure code, 1908. 1908. • Judgement means statement • Decree is an adjudication given by a Judge of the grounds conclusively determining the of decree or order. rights of the parties with regards to all or any of the matter in the controversy.

Difference between Judgment and Decree JUDGMENT • It is not necessary that there should be a formal expression of order in the judgement. • Judgement states preciously the relief granted. • Judgement contains the grounds of decree. • Judgment may be passed in civil suits as well as in criminal cases. • Judgment is not capable of execution.

DECREE • It is necessary that there must be formal expression of the decree. • Decree must determinate the rights of the parties. • Decree follows the judgment. • Decree is passed in a civil suit. • Decree is capable of execution.

Difference between Decree and Order ORDER

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

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Section 2(14) of the CPC defines “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.

Difference between Decree and Order DECREE

ORDER

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

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