Distinction between a decree and an order.

Decree and Order.

Section 2(2) of The Civil  Procedure Code 1908 defines ‘Decree’ in the following terms-
“decree means the formal expression of an adjudication which so far as regards the court expressing it, conclusively determine the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of plaint and the determination of any question within section 144, but shall not include:
a.  any adjudication from which am appeal lies an appeal from any order; or
b. any order of dismissal for default.”
Section 2 (14) of The Code of Civil Procedure 1908 defines the term ‘Order’ in the following words –
       “order means the formal expression of any decision of a civil court which is not a decree.”
 Thus, the adjudication of a court which is not a decree is an order .
On the basis of the above definitions of decree and order we find certain similarities in both of them some of them are (1) both relate to matters in controversy; (2) both are decision given by a court ; (3) both are adjudication of a court;(4)both are formal expression of a decision

Distinction between Decree and Order

In spite of the above similarities there are fundamental distinctions between the two expressions:

1. A decree can only be passed in a suit by presentation of a plaint. An order may originate from a suit by presentation of plaint or may arise from proceedings commenced by a petition or an application.
2. A decree is an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy; on the other hand an order mayor may not be finally determines such rights
3.  A decree may be preliminary or final or partly preliminary and partly final, but there can not be preliminary order.
4.  In every suit there can be only one decree except certain situations where can be two decrees one preliminary and other final. But in case of order , in a suit or proceeding there can be several orders.
5.  Every decree is appealable unless otherwise provided, but every order is not appealable. only those orders are appealable which are made appealable by the code.
6.  A second appeal lies to the high court on certain grounds from the decree passed in the first appeal Thus there may be two appeal in decree. But there can be no second appeal in appealable orders.