Understanding the distinctions between a judgement, order, and decree is fundamental for anyone navigating the Indian legal system. Whether you’re a law student, a litigant, or seeking the best lawyers in Chandigarh or Gurugram, this guide offers an in-depth exploration of these critical legal concepts as defined under the Code of Civil Procedure, 1908 (CPC).​

Understanding the Code of Civil Procedure, 1908

The Code of Civil Procedure, 1908 (CPC) is a procedural law that governs the process of civil litigation in India. It outlines the framework for the adjudication of civil rights and liabilities, ensuring uniformity and fairness in civil proceedings across the country.​

Judgement: The Court’s Reasoned Decision

Definition under CPC

According to Section 2(9) of the CPC, a judgement is defined as:

“The statement given by the judge on the grounds of a decree or order.”

In essence, a judgement is the judge’s detailed reasoning that leads to the issuance of a decree or order.

Key Features

  • Pronouncement: As per Order XX Rule 1, judgements must be pronounced in open court, either immediately after the hearing or as soon as practicable thereafter
  • Contents: Judgements should include a concise statement of the case, points for determination, the decision on each point, and the reasons for such decisions (Order XX Rule 4).​
  • Signature and Date: The judgement must be dated and signed by the judge in open court (Order XX Rule 3).​ 

Importance

A judgement serves as the foundation for a decree or order. It provides transparency and clarity on the judicial reasoning, ensuring that the parties understand the basis of the court’s decision.​

Decree: The Formal Expression of Adjudication

Definition under CPC

As per Section 2(2) of the CPC, a decree is:​

“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.”​

Essential Elements

  • Adjudication: There must be a formal judicial determination of the matter in dispute.​
  • Suit Requirement: The adjudication must arise from a suit initiated by a plaint.​
  • Conclusive Determination: The decree must conclusively determine the rights of the parties concerning the matters in controversy.​
  • Formal Expression: The decision must be formally expressed and should follow the judgement.​ 

Types of Decrees

Preliminary Decree

A preliminary decree determines the rights of the parties but does not completely dispose of the suit. Further proceedings are required to finalize the matter. For example, in a partition suit, a preliminary decree may declare the shares of the parties, but the actual division of property is carried out later. 

Final Decree

A final decree completely disposes of the suit, conclusively determining the rights of the parties without any further proceedings.​

Partly Preliminary and Partly Final Decree

In certain cases, a decree may be partly preliminary and partly final. For instance, in a suit for possession and mesne profits, the court may pass a decree for possession (final) and order an inquiry into mesne profits (preliminary).​

Deemed Decree

Certain orders are treated as decrees by legal fiction, known as deemed decrees. Examples include:​

  • Rejection of a plaint under Order VII Rule 11.​ 
  • Determination of questions under Section 144 (Restitution).​ 

Contents of a Decree

According to Order XX Rule 6, a decree should contain:

  • The number of the suit.​
  • Names and descriptions of the parties. 
  • Particulars of the claim.​
  • The relief granted or other determination of the suit. 
  • The amount of costs incurred and by whom they are to be paid.​

The decree must be drawn up within 15 days from the date of the judgement (Order XX Rule 6A).​

Order: Decisions Not Amounting to a Decree

Definition under CPC

An order is defined in Section 2(14) of the CPC as:​

“The formal expression of any decision of a civil court which is not a decree.”​

Characteristics

  • Formal Expression: An order is a formal expression of the court’s decision.​
  • Not a Decree: It pertains to matters that do not result in a decree.​
  • Arises from Proceedings: Orders can arise from suits or other proceedings initiated by applications or petitions.​

Types of Orders

  • Appealable Orders: Certain orders are appealable under Section 104 and Order XLIII Rule 1.​
  • Non-Appealable Orders: Orders not specified as appealable are generally not subject to appeal.​ 

Distinction Between Judgement, Decree, and Order

 

Aspect Judgement Decree Order
Definition Statement by the judge explaining the grounds of a decree or order. Formal expression of an adjudication conclusively determining the rights of the parties. Formal expression of a decision that is not a decree.
Section (CPC) Section 2(9) Section 2(2) Section 2(14)
Basis Forms the basis for a decree or order Based on judgement Based on application or proceedings
Suit Requirement Required for all suits Must arise out of a suit May or may not arise out of a suit
Conclusive Provides reasons and conclusion Conclusively decides rights May or may not conclusively decide rights
Appealability Not directly appealable Appeal lies under Section 96 of CPC Only some orders are appealable (Section 104 & Order XLIII Rule 1)
Nature Elaborate reasoning Declarative and executable Directional or procedural

Relevance of Judgement, Order, and Decree in Civil Litigation

For Clients and Litigants

Clients should understand that:

  • A judgement helps you understand why the court ruled a certain way.
  • A decree is the actual enforceable ruling (e.g., pay damages, deliver property).
  • An order might settle specific aspects like interim relief, but not the entire case. 

Whether you’re seeking the best lawyers in Gurugram for a property dispute or experienced civil advocates in Chandigarh for a contract case, understanding these distinctions will prepare you to navigate the system better.

Related Legal Provisions and Articles

Here’s a breakdown of all relevant sections, rules, and legal articles that must be remembered:

Code of Civil Procedure, 1908

  • Section 2(2) – Decree
  • Section 2(9) – Judgement
  • Section 2(14) – Order
  • Order XX Rule 1 to 6A – Manner and content of Judgements and Decrees
  • Order XLIII Rule 1 – Appeal from Orders
  • Section 96 – First Appeal (from decree)
  • Section 104 – Orders from which an appeal lies 

Constitution of India

  • Article 136 – Special Leave Petition to the Supreme Court
  • Article 227 – Supervisory jurisdiction of High Courts over subordinate courts 

These articles and sections together ensure checks and balances in the civil judicial process, allowing room for appeal, revision, and judicial review.

Execution of a Decree

Section 38 to 74 of CPC

Once a decree is passed, it must be enforced. These sections provide mechanisms for:

  • Arrest and detention
  • Attachment of property
  • Appointment of a receiver
  • Injunctions 

Execution proceedings can be initiated in the court that passed the decree or in a transferee court under Section 39.

Appeals and Revisions

Appeal from Decree

  • Governed by Section 96 of CPC
  • Can be filed in a higher court if a party is aggrieved by the decree 

Appeal from Order

  • Allowed only for specific orders as listed under Order XLIII Rule 1
  • General rule: Orders are not appealable unless expressly provided 

Revision

  • Under Section 115, a High Court may revise a case if a subordinate court acted beyond jurisdiction or failed to exercise it. 

Review

  • As per Order XLVII, a party may request the same court to review its judgement on account of error apparent on the face of the record. 

FAQs on Judgement, Order, and Decree

  1. What is the difference between a decree and an order?

A decree, as defined under Section 2(2) of the CPC, is the formal and conclusive expression of a court’s adjudication regarding the rights of the parties in a civil suit. It is typically passed after a full hearing and a detailed judgement, and it resolves the core matter in dispute. A decree may be preliminary, final, or partly both.

An order, on the other hand, as per Section 2(14) of the CPC, is a formal expression of a court’s decision that does not conclusively determine the rights of the parties. Orders are more procedural in nature and may be passed at various stages of the legal proceedings, often on applications or interlocutory matters.

For example, if you’re engaged in a property dispute with the help of the best advocates in Gurugram, a decree might finally decide the title to the property, whereas an order could merely direct a party to maintain status quo during the pendency of the case.

  1. Can a judgement be appealed?

No, a judgement itself is not directly appealable. A judgement is the statement of reasons given by the judge, under Section 2(9) of the CPC, explaining the rationale behind the final decision. What is appealable is the decree or order that follows the judgement.

An appeal from a decree is governed by Section 96 of the CPC, while an appeal from certain orders is permitted under Section 104 and Order XLIII Rule 1. If you’re working with the top civil lawyers in Chandigarh, they will carefully assess the judgement and advise whether it leads to an appealable decree or order, based on the facts and procedural law.

Judgements from subordinate courts can also be subject to revision or review, or challenged via a Special Leave Petition (SLP) under Article 136 of the Constitution, depending on the hierarchy and nature of the case.

  1. How soon must a decree be drawn after a judgement?

According to Order XX Rule 6A of the CPC, the decree must be prepared and signed by the court within 15 days of pronouncement of the judgement. This rule ensures that the parties have a legally enforceable instrument in a timely manner.

However, in practice, especially in busy jurisdictions like Delhi NCR, Chandigarh, or Gurugram, there may be slight procedural delays. That’s why it’s essential to have proactive legal counsel who can follow up on the decree preparation and ensure no unnecessary delay occurs.

A delay in drawing up the decree can impact the timeline for filing an appeal, as the appeal period generally starts from the date of decree, not judgement. Hence, whether you’re working with experienced lawyers in Chandigarh or best advocates in Delhi, make sure your legal team is tracking these deadlines.

  1. Are all orders appealable?

No. Only specific orders mentioned under Order XLIII Rule 1 and Section 104 of the CPC are appealable as a matter of right. These include, for instance:

  • Orders rejecting an application for an interim injunction 
  • Orders appointing a receiver 
  • Orders relating to restitution 
  • Orders imposing costs 
  • Orders dismissing an appeal as time-barred 

Other interlocutory orders that are not mentioned in these provisions are generally not appealable. However, they may still be challenged in certain situations through:

  • Revision petitions under Section 115 CPC, if the lower court exceeded or failed to exercise jurisdiction.
  • Writ petitions under Articles 226 or 227 of the Constitution.
  • Review petitions under Order XLVII if there is an error apparent on the face of the record. 

Clients often ask about this when dealing with pre-trial orders or procedural rulings. An experienced legal team—whether civil litigation lawyers in Gurugram or top-rated lawyers in Mohali—can guide whether a particular order is worth challenging and through which route.

  1. Which is enforceable: judgement or decree?

A decree is the enforceable legal document. It is the formal, executable version of the decision delivered by the court. Once the decree is passed, parties can initiate execution proceedings under Sections 36 to 74 of the CPC to obtain the relief granted—such as recovery of money, possession of property, or injunctions.

The judgement, under Section 2(9), contains the reasoning and legal justification but is not enforceable by itself. It’s the decree, drawn in accordance with the judgement, that can be acted upon.

For example, if a civil court in Chandigarh grants a money decree in favour of a plaintiff, the judgement will explain why the court believed the plaintiff is entitled to the amount. The decree will then specify the exact sum awarded and can be enforced through garnishee orders, attachment, or arrest—depending on the relief.