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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