According to clause (14) of section 2 ” the formal expression of any decision of a civil court which is not a decree, is an order”.
” Thus the adjudication of a court which is not a decree is an order.”
- As a general rule, an order of a court of law is founded on objective considerations and as such the judicial order must contain a discussion of the question at issue and the reasons which prevailed with the court which led to the passing of the order .
- The adjudication of a court of law may either be decree or order but cannot be both.
Common elements of Decree & Order
(a)Both relates to matter in controversy,
(b)Both are decisions given by a court,
(c)Both are adjudications of a court of law, and
(d)Both are ” formal expressions” of decision.
Order and Decree – Distinction
(1) a decree can only be passed in a suit which commenced by presentation of plaint whereas, an order may originated from a suit by presentation of a plaint or may arise from a proceeding commenced by a petition or an application.
(2) a decree is an adjudication conclusively determining the rights of the parties with regard to all or any of the matters in controversy whereas orders on the other hand, may or may not finally determine such rights.
(3) a decree will brings to an end to the suit whereas, orders does not brings an end to the suit rather it is passed during the pendency of the suit.
(4) a decree may be preliminary or final, or partly preliminary and partly final whereas orders does not follow any such rule.
(5) Except in certain suits, where two decrees, one preliminary and the other final are passed, in every suit there can be only one decree ,whereas in the suit or proceeding, a number of orders may be passed by the court.
(6) Every decree is appealable, unless otherwise expressly provided, On the other hand , every order is not appealable, only those orders are appealable as specified in the code.
(7) A second appeal lies to the High court on certain grounds from the decree passed in first appeal whereas no second appeal lies in case of applicable orders.