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55_difference_between_judgment__decree__order.doc

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JUDGEMENT – DECREE – ORDER In our common usage, most of us use the term “judgment”, but what does it actually refer to? How is it different from a decree or an order? s.2(9) of the Code of Civil Procedure (CPC) defines a judgment. It states that a “judgment” means the statement given by the judge on the grounds of a decree or order. When is a judgment pronounced? S. 33 of the CPC tells us that a Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall f
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   JUDGEMENT – DECREE – ORDER In our common usage, most of us use the term “judgment”, but what does it actually refer to? How is it different from a decree or an order? s.2(9 of the !odeof !i il #rocedure (!#! defines a judgment. It states that a “judgment” means the statement gi en by the judge on the grounds of a decree or order. $hen is a  judgment %ronounced? &. '' of the !#! tells us that a !ourt, after the case has  been heard, shall %ronounce judgment, and on such judgment a decree shall follow. &.'' indicates that a decree follows a judgment.rom s.2(9, we understand that judgment is the statement of the !ourt on the grounds for ha ing arri ed at a decision. ) ery judgment deli ered by a !ourt to which the !#! a%%lies has to deli er a reasoned judgment. * judgment must contain the following com%onents+. a cris% statement of facts of the case-2. the %oints or issues for determination-'. the decision on such issues and finally. the reasons for such a decisionIs this a mandatory re/uirement? 0es it is, but why? 1here are se eral reasons  based on %ublic interest and %ractical necessities. * judgment is meant to be adhered to by those to whom it a%%lies and such %eo%le ha e a right to now the reasons of the !ourt for holding a %articular %oint of iew. 1his also hel%s them challenge the decision and the reasons for the decision in a higher forum. *gain, when it goes to a higher forum, the a%%ellate forum too has to ha e an o%%ortunity to now the reasons for a decision which %ro es a%%lication of the mind by the 3udge concerned. 4ust a judgment always be %assed on all issues in a case? 5o, the decision or order of a !ourt on a %reliminary issue too is a  judgment. 5ow, let us mo e to “decree”. &.2(2 defines decree to mean the formal e6%ression of an adjudication which, so far as the !ourt e6%ressing it, conclusi ely determines the rights of the %arties with regard to all or any of the matters in contro ersy in the suit and may be either %reliminary or final. “ormal e6%ression” means the recordation of the ruling of the !ourt on the matter  %resented before it- “so far as the !ourt e6%ressing it” alludes to the fact that the same issue cannot be adjudicated by or before the !ourt again but only before a higher forum i.e. an a%%ellate forum ($e shall discuss “re iew” of a decree in a later %ost. $hat is the starting %oint for a decree? It is the initiation of a suit from a %laint. 7nly a %laint may lead to a decree unless otherwise re/uired by certain statutes under which an a%%lication is treated as a suit. 8nder 7rder 2, :ule ; a decree must be drawn se%arately after a judgment. It must be understoodthat no matter what a %articular document is ostensibly referred to as, if it starts with a %laint in a suit and fulfils the re/uirements of a decree, it shall be a decree.  Contd….P.2 1he !ode recognises certain categories of “deemed decrees”. * deemed decree isone which, though not fulfilling the essential features of a decree as re/uired by the !ode, has been e6%ressly categorised as a decree by the legislature. 1he rejection of a %laint and the determination of /uestions under s. are “deemed decrees”. 7nly those rejections which are authorised by the !#! may be termed as decrees. $hat this means is an a%%eal may lie from the rejection of a %laint for a decree has been %assed. *lternately, the !ode does not bar remedying the situation by %resenting a fresh %laint.1he difference between a %reliminary and final decree though fairly straightforward has been the subject matter of debate. * final decree here means dis%osal of the suit- if a decree has been %assed but the suit has not been com%letely dis%osed off, then the decree is a %reliminary one. * %reliminary decree is usually %assed where the !ourt waits for the situation to mature itself toa stage where a final decree may be %assed. It is usually %assed in suits for  %ossession and mesne %rofits, suits for %re<em%tion etc.How is a decree different from an order? $hat is an order? &.2( defines order to mean the formal e6%ression of any decision of a !ourt which is not a decree. 1he starting %oint for an order need not always be a %laint, it may be an a%%lication or %etition. 1hough being a formal e6%ression, it follows that an order need not   conclusi ely determine the rights of %arties on any matter in dis%ute. Howe er, it may relate to the matters in contro ersy. 1here may be a %reliminary decree, but not a %reliminary order. ) ery decree is a%%ealable but e ery order is not. 7nly orders under s. are a%%ealable. *gain, a second a%%eal lies to the High !ourt from a first a%%eal, but there is no second a%%eal from a%%ealable orders.
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