Difference between Decree and Order

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Difference between Decree and Order:

Just as judgment and decree are not synonymous, decree and order are also distinct principles with different legal implications.

Decree defined

Decree means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties which regard to all or any of the matters in controversy in the suit.

Order defined

Formal expression of any decision of a civil court which is not decree.

Difference between Decree and Order

  1. Nature of determination

A decree ordinarily conclusively determines the rights of the parties; whilst on order does not necessarily do so.

  1. Appeal-able

Ordinarily an appeal lies from every decree. Orders are appealable only if so provided by S. 104 r/w 0.43.

  1. Second appeal

An appeal may lie in some cases against the appellate decree. No appeal lies from appellate order.

  1. Nature of proceedings

Normally one decree is given in every suit which conclusively determines the right of parties. More than one order can be passed in a suit.

  1. Given in Suit

A decree is given in a suit; whereas order is given on application.

  1. Rights of Parties

Decree conclusively determines the rights of parties; whereas an interlocutory order closes not determine the rights of parties.

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