What is an order? What are the differences and similarities between an order and a decree?

Question: What is an order? What are the differences and similarities between an order and a decree?

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Answer

The term Order has been defined under section 2 (14), of the Civil Procedure Code as the formal expression of any decision of a Civil Court which is not a decree.

Orders are of two kinds, appealable orders, and non-appealable orders.

The essential ingredients of an order are as follows-

1. It should be the formal expression of any decision.
2. The decision should be pronounced by the Civil Court.
3. The formal expression should not be a decree.

Order and decree: Similarities

The adjudication of a court of law may either be (a) a decree; or (b) an order, and cannot be both. There are some common elements in both of them, viz. (1) both relate to matters in controversy; (2) both are decisions given by a court; (3) both are adjudications of a court of law; and (4) both are “formal expressions” of a decision.

Distinction Between Decree and Order

The essence of the distinction between decree and order lies in the nature of the decision rather than the manner of its expression. The main distinctions between the two are as follows:-

1. A decree can only originate from a suit commenced by presenting a plaint. But an order may originate from any suit, it generally arises from a proceeding commenced on an application.
2. A decree is an adjudication that conclusively determines the rights of the parties with regard to any or all matters in controversy. On the other hand, an order may or may not finally determine the rights of the parties.
3. A decree may be preliminary or final but there is no such distinction in order.
4. Except in certain suits where two decrees, one preliminary and the other final, are passed, in every suit, there is only one decree. On the other hand, many orders can be passed in a single suit.
5. A first appeal always lies from a decree, unless otherwise expressly provided by section 96 of C.P.C. Appealability is the rule, and Non – Appealability is the exception in the case of a decree. However, no appeal lies from an order, unless it is one of the appealable orders according to section 104 or Order 43 of C.P.C.
6. In case of a decree, an aggrieved party has the right to a second appeal on the grounds mentioned in section 100 of C.P.C. But in the case of an appealable order, an aggrieved party does not have the right to the second appeal.

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