Understanding the differences between Judgement, Decree and Order is very important as a Law Student because you might come across this terms a lot in your profession, Your Professional Career might either be in Litigation or Corporate or Transactional Lawyers, Getting to know the Difference is very much crucial, The meaning and defination for this terms have been given in Civil Procedure code, 1908
What is a Judgement ?
Judgement in a simple term means its a Decision which is given by the court upon any suit which is filed in the court of law, This Decision will not make the suit proceedings to come to an end, this are those decisions which are given even before the end of the suit
Judgement is an official document which will contain Brief facts of the case, Parties who are involved in the case, what is the decision which has been given by the Judge, what are the preceeding case laws which he have referred in the decision and more importantly the Reasons on why he had given such decision, Judge giving reasons is really important, so that parties will understand and convensing the parties, if judge fails to give his reasons there might be chances of judge acting arbitrarily or showing bias or even discriminating by showing favoritism to one party, this is the reason Reasons for Judgement is very important also this concept is called as “Stair Decises” which is latin terms term which means Reasons for the judgement
What is Decree ?
Decree is also an decision which has been given by the court, The things which decree will contain is Rights of the Parties, obligation of the parties. If a court passes the Decree which means it is the end of the proceedings or suit, once court passes a decree which means the case comes to an end, the only thing which is left out is Execution of the decree where parties have to fulfill there Rights and Obligations whatever which has been present in the decree
When it comes to decree there are 2 very important terms which we have to remember, Decree holder and Judgement Debtor, who are they.
Who is a Decree holder
Decree holder means is a person or party who have won the suit or case, in any suit there are will be two different types of parties one who will be winning the case and the other who will be loosing the case, the party who wins the case is called as decree holder. Why it is important is because to differentiate between the winner and looser. Also Decree holder has certain rights which can be used against the loosing party, If the losing party fails to perform is duty then decree holder can approach the court asking the court to enforce his rights by making the other party to perform his obligations which the party has towards him this concept is called as Execution.
Who is a Judgement Debtor
Judgement Debtor is the person or party who looses the case in any suit or case, In simpler term the party who lost the case is called as judgement debtor where the court does not provide decision in favour of the party. They are the one’s who will be fulfilling the obligations which has been laid down by the court, if he fails to perform his duty then Decree holder ( Winning party ) can file an execution suit asking the party to perform his duties
What is an Order
An Order is also a decision which has been given by the court, but this are those decisions which are given in the middle of the proceedings or suit, this decisions are given even before passing a judgement and decree, Orders are really important to understand in any civil or other cases this will be really useful and mostly used concepts, frequently you will be using the orders if you wanted to somethings which are related to the case, this can be things like Investigation of witnesses, enquiries with eye-witnesses, setting up of commission, etc
Table which will show the Differences :-
| Basis | Judgement | Decree | Order |
| Meaning | Judgement is the decision which is given by the court even before the decree is passed, does not end the suit | Decree is also a decision which is given by court which will ultimately be the end of the proceedings or case | Order are those decisions which court gives during the case proceedings, this are decisions given in the middle of the trail |
| Sections | Section 2(9) of Civil procedure code, 1908 | Section 2(2) of Civil procedure code, 1908 | Section 2(14) of Civil procedure code, 1908 |
| Parties | Same parties who is there in the suit, Plaintiff and Defendant can be in any numbers | Same parties who is there in the suit, Plaintiff and Defendant can be in any numbers | Same parties who is there in the suit, Plaintiff and Defendant can be in any numbers |
| when can be used ? | Before passing of Decree | At the final stage of the suit, End of the proceedings | Middle of the proceedings |
| Ways in which we can get ? | Court itself will give the decisions and prepare the necessary documents | Court itself will give the decisions and prepare the necessary documents | By filing Interim orders and Interlacutory applications, we can ask the court to pass the decisions |
| Purpose | To provide reasons for the judgement, etc. | To list down Rights and Liabilities of the parties | In order to perform some investigation or enquiries in the middle of the trail |
| Incase fail to perform | Parties can file a suit against the judge | when parties fail to perform there duties other party can file an execution petition asking the court to make the party to perform his duties | court can either accept or reject the order which is been filed by the parties, if parties misuses this orders then court can penalise the parties |
Case Laws for Reference :-
1. Judgment
(i) Balraj Taneja v. Sunil Madan (1999) 8 SCC 396
- Facts: In this case the court in a suit passed a decree without providing proper reasons on why such decree has been passed. Now the some thing has been challenged before the court of law stating weather the judgement must contain the reasons or not. Judgment: The Supreme Court held that any judgment which is passed by the court of law must contain reasoning, and an order that lacks reasoning or without valid reasons or no reasons at all cannot be considered a proper judgment under Order XX Rule 4(2) of CPC.
(ii) R. Veerappa v. Raman & Raman Ltd. (1952 AIR 192)
- Facts: Here the issue was can an appeals can be filed in the court of law if no judgement has been recorded by the appropriate court which passed the decision
- Judgment: The Supreme Court clearly stated and provided clarification stating that any judgment which is passed by the court must be formally recorded, stating the facts, issues, and reasoning.
2. Decree
(i) Madan Naik v. Hansubala Devi (1983 AIR 676)
- Facts: In this case the suit has been dismissed by the court for making some default by the parties, and the very important question which is raised in this case was weather such kind of an order will amount to decree or not
- Judgment: The Supreme Court clearly held that a dismissal for default does not amount to a decree as it does not determine the rights of the parties. Where this kinds of dismissal does not provide any rights and obligations of the parties.
(ii) Ganga Bai v. Vijay Kumar (1974 AIR 1126)
- Facts: In this case it was challenged that if either of the party goes for an appel on the order which has been passed by the court, which was not a decree can this appeal be made as if it is passed as a decree. The question was whether an appeal lies against an order that is not a decree.
- Judgment: The Supreme Court held that only decrees are appealable under Section 96 of CPC, and an appeal cannot be filed against an order unless specifically permitted under the CPC.
3. Order
(i) Firm Ganpat Ram Rajkumar v. Kalu Ram (1989 AIR 2285)
- Facts: The court had to decide whether an order refusing to restore a dismissed suit amounts to a decree.
- Judgment: The Supreme Court clarified that an order refusing restoration is not a decree but an order since it does not determine the substantive rights of parties.
(ii) Satyadhyan Ghosal v. Deorajin Debi (1960 AIR 941)
- Facts: The case discussed whether an interlocutory orders or Interim orders which is filed by the party, can this application can be challenged as an appeal in the appellate court.
- Judgment: The Supreme Court ruled that interlocutory orders (procedural orders) or Interim orders can only be challenged along with the final decree. Without having the final decree this orders such as Interim order and interlocutory applications cannot be challenged
