What is the difference between Judgment, Decree and an Order ?
Difference between
Judgment, Decree and Order
Sr.No. |
Judgment |
Decree |
Order |
1 |
Judgment means the statement given by the judge on the
grounds of a decree or order. |
Decree means the formal expression of an
adjudication which conclusively determines the rights of the parties with
regard to all or any of the matters in controversy in the suit. |
Order means the formal expression of any decision of
a civil court which is not a decree. |
2 |
Judgment is made before the decree or an order. |
Decree follows the judgment. |
Order also follows the judgment. |
3 |
Judgment contains a concise statement of the case,
the points of determination, the decision thereon, and the reasons for such
decision. |
Decree declares the outcome of the suit and
conclusively determines the rights of the parties with regard to the issues
in dispute in the suit. |
Order directs the parties to suit to do something or
not to do something but does not finally determines their rights. |
4 |
The words “formal expression” are missing in the
definition. |
Decree is a formal expression of an adjudication of
a Civil Court. |
Order is a formal expression of a decision of a Civil
Court. |
5 |
Judgment only states the grounds on which a decree
or an order is based. |
Decree conclusively determines the rights of the
parties with regard to all or any of the matters in controversy in a suit. |
Order does not finally determine the rights of the
parties with regard to matters in dispute. |
6 |
Judgment leads to final disposal of the suit after a
decree is drawn-up or an order is passed. |
After passing of decree, the suit stands disposed
of, since the rights of the parties are finally determined. |
After passing of an order, the suit does not come to
an end, except in certain cases. |
7 |
Judgment may result into a preliminary decree or a
final decree or an order but by itself, the judgment is always final. |
Decree may be either preliminary or final. |
An order cannot be preliminary or final. It is
always final. |
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