JUDGEMENT ORDER 20

The term Judgement is defined in Section 2(9) of

the Code of Civil Procedure, 1908. which says
judgment is the statement given by the Judge on
the grounds of a decree or order. Judgment refers
to what the judge writes regarding all the issues in
the matter and the decision on each of the issues.
Hence every judgment consists of facts, evidence,
findings etc. and the conclusion of the court.
A judgement contains
facts of the case,
the issues
involved,
the evidence
brought by the parties,
finding on issues
(based on evidence and arguments).
Every judgement shall include a summary of the
pleadings, issues, finding on each issue, ratio
decidendi and the relief granted by the court. On a
daily basis, numerous judgements are pronounced
and various cases are disposed of. Judgements
play a very important role in the working of our
judicial system because they act as precedents for
cases to come in the near future. A judge in the
judgement pronounced, always states the reasons
for such a decision.

Contents of the judgement RULE 4 ORDER 20

1. Summary of the pleadings which is a concise

statement of the case;
2. Issues which are the points for
determination;
3. Findings on each issue and the decision
thereon;
4. Ratio decidendi (reasons for such a
decision); and
5. The remedy, which is the relief
granted.

Alteration of a judgement RULE 3

Once a judgement is dated and signed by the

judge it can only be altered or amended if:
 • There are arithmetical or clerical errors.
(clerical errors refer to the errors made by
clerks and arithmetical errors refer to errors
made in numbers such as addition,
subtraction, multiplication and division).
• There are errors due to accidental slips
or omissions (these errors take place when
some essential element is left unnoticed)
(SEC152) on review (SECTION 114)

DECREE

The term decree is defined in Section 2(2) of Code

of Civil Procedure, 1908. Decree means the formal
expression of an adjudication which, so far as
regards the Court expressing it, conclusively
determines 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 a plaint and the
determination of any question within section 144,
but shall not include-
a) any adjudication from which an appeal lies as an
appeal from an order, or
b) any order of dismissal for default.
A decree always follows judgement and is based
upon a judgement.

Kinds of Decrees

According to Section 2(2) of the Code of Civil

Procedure,1908 decrees are divided into three
categories:
Preliminary Decree
In general sense, the word preliminary means
preparation for the main matter, initial,
introductory, preparatory. In a legal sense, a
preliminary decree is a decree where further
proceedings have to take place before the suit can
be completely disposed off. It decides the rights of
the parties in respect to all or any of the matters of
discussion but it does not completely dispose of
the suit. In such a decree the rights and liabilities
of the parties are stated leaving the actual result
or decision to be worked out in future proceedings.
A preliminary decree is passed in those cases
where the proceedings are to be carried out in two
different stages. The first stage is when the rights
of the parties are adjudicated and the second
stage is when those rights are implemented or
executed.

Final Decree

In general sense, the word ‘final’ means last,

ultimate, conclusive or decisive. In legal sense, a
final decree is a decree which completely disposes
of the suit and settles all the questions in
discussion between the parties and nothing is left
further for deciding thereafter. It is only said to be
final when such adjudication completely disposes
of the suit.

Partly preliminary and partly final Decree

A decree is said to be partly preliminary and partly

final when the court decides two questions by the
same decree. For instance, if the court passes a
decree in favour of one party along with a direction
of inquiry for the other party, the former part of
the decree is final while the latter part is a
preliminary decree for which further proceedings
have to take place. For example, in a suit of
possession of a property with company ‘C’, if the
court passes a decree of possession of the property
in favour of the plaintiff and directs an enquiry into
the company ‘C’, then the former part of the
decree is final decree while the latter part is the
preliminary decree.

The necessity of a Decree

The Code of Civil Procedure requires the passing of

a decree in all the suits. follows a judgement which
is the reason why it is an indispensable and
essential requisite. The decree is indispensable or
an absolute requisite. It is an essential part of the
ultimate outcome of the suit. An appeal can be
made against a decree and not against a
judgement. If the decree is absent an appeal
cannot be ‘put in motion’.

Contents of a Decree RULE 6

A decree always follows the judgement, coincide

with it and contains:
• The suit’s number – Every suit has a particular
number and it should be mentioned in the
decree.
• The names, description and registered
addresses of the parties – Every decree shall
have the names of all the parties of that
particular suit, the proper description of the
parties of the suit, and the registered
addresses of all the parties of the suit.
• The particulars of the parties claims or
defence – Every decree shall contain the
details of the claims and the defences the
parties are claiming as an outcome of the said
suit.
• The relief or the remedy granted to the
aggrieved party – The decree should in
particular mention about the relief granted to
the particular party as a remedy and not a
reward.
• The total amount of cost incurred in
the suit-
1. by whom; or
2. out of what property; and
3. in what portions are they paid or are to
 be paid.
• The judgement’s date of
pronouncement or delivery date of the
judgement – The decree should mention the
date on which the judgement was delivered
followed by the decree.
• The judge’s signature on the decree –
The judge’s signature is an essential and
indispensable element of any decree. The
signature of the judge delivering the
judgement is an essential requisite.

Drawing up of a Decree

ORDER 20 RULE 6A of Code of Civil

Procedure,1908 states that a decree shall be
drawn within 15 days of the judgement. An appeal
can be favoured or preferred without filing a copy
of a decree if it is not drawn within 15 days of the
judgement.

Decrees in Special cases RULE 9 TO 19

• In a lawsuit for the recovery or process of

regaining or repossession of an immovable
property(real estate), the decree shall include
a description of such property so that it is
sufficient to recognise or identify it.
• In a decree for movable
property(personality), it must mention with the
exact amount of money to be paid as an
alternative in case the delivery is not made
due to any reason either it be reasonable or
appropriate.
• In a decree for payment of money, the
Court may order that the payment of decretal
amount i.e., the amount mentioned in the
decree shall be:
1. postponed which is delayed to a future
date; or
2. made by installments with or without
interests.
• In a suit for the recovery or process of
regaining or repossession of immovable
property, the Court may pass a decree-
1. for possession or gaining of property.
2. for past rents or mesne profits. (mesne
profits are the profits of an estate received by
a tenant in wrongful possession and
recoverable by the landlord)
3. that is a final decree in respect of rent
or mesne profits in accordance with results of
such enquiry as mentioned.
• Rule 12A of the Code of Civil
Procedure,1908 states that a decree for
specific performance of a contract for sale or
lease of an immovable property which can also
be termed as real estate shall specify the exact
period within which the amount of money or
other sum is to be paid by the purchaser or
lessee.
• Rule 13 of the Code of Civil
Procedure,1908 states that the final decree
shall be passed or delivered in accordance with
the result of preliminary enquiry i.e., in a
lawsuit for an account of any property either
movable or immovable and for its due
administration under the decree of Court,
before passing a final decree, the court should
pass a preliminary decree ordering accounts to
be taken and enquiries to be made.
• Rule 14 of the Code of Civil
Procedure,1908 states a decree in a pre-
emption suit, it is a suit where the
displacement of a lower jurisdiction’s laws
when they conflict with those of a higher
jurisdiction, where the purchase money has
not been paid into Court, shall specify a
particular day on or before which the purchase
money has to be paid and direct that on
payment to Court, the defendant shall deliver
property to the plaintiff, but if the payment is
not made on a specific day, the lawsuit shall be
dismissed with costs. In cases the Court has
settled upon rival claims to pre-emption, the
decree shall direct:
1. The claim or defence of each pre-
emptor shall take effect proportionately if the
claims decreed are equal in degree.
2. The claim or defence of the inferior
pre-emptor will not take place till the superior
pre-emptor fails to make the payment if the
claims decreed are different in degree.
• In a lawsuit for dissolving of
partnership or taking of partnership accounts,
the Court can pass a preliminary decree before
passing a final decree declaring the exact
shares of all the parties, fixing of a particular
day on which the partnership shall become
dissolved and directing the accounts to be
taken and other necessary actions to be done.
• In a lawsuit for accounts between a
principal person and agent, the Court can pass
a preliminary decree before passing a final
decree directing the accounts that has to be
taken and it can also provide special directions
in regards to the mode of taking accounts as
well.
• In a decree passed in a lawsuit for
partition of property either movable or
immovable or for separate possession of share
in the property,
1. the decree shall declare the rights of
several parties interested in that property but
shall direct partition or separation to be made
by collector and in other cases of immovable
property in case the estate is assessed to the
payment of revenue to the government.
2. the Court shall pass a preliminary
decree declaring all the rights of the parties in
estate and giving necessary directions and
 then the final decree is passed, if separation or
partition cannot conveniently be made without
further inquiry.
• A decree where the defendant has
been allowed leave or start with a
counterclaim against the initial claim of the
plaintiff shall state with what amount is due to
the plaintiff and what amount is due to the
defendant thereafter.

Difference between Judgement and Decree

Judgement Decree

• A judgement is • A decree is based

based upon facts. upon judgement.
• Decree always
• Judgment is made
follows a
prior to decree.
judgement.
• A judgement • A decree contains
contains facts of the outcome of the
the case, the suit and
issues involved, the conclusively
evidence brought determines the
 by the parties, rights of the parties
finding on with regard to the
issues(based on issues in dispute in
evidence and the suit.
arguments).
• The definition of
• The definition of
the word
the word decree
judgement given in
given in section
section 2(9) of the
2(2) of Code of
Code of Civil
Civil Procedure,
Procedure, 1908
1908 includes the
does not include
word ‘formal’.
the word ‘formal’.
• Section 2(9) of the • Section 2(2) of the
Code of Civil Code of Civil
Procedure, Procedure,
1908 describes the 1908 describes the
term judgement. term decree.
• Judgement has no • A decree is divided
types. into three types.
• Judgement may • The decree may be
result in a a preliminary or
preliminary decree final or partly
or a final decree or preliminary and
 an order by itself, partly final.
the judgement is
always final.
• After passing the
decree, the suit
• Judgement leads to
stands disposed of
the final disposal of
since the rights of
the suit after the
the parties are
decree is drawn up.
finally determined
by the court.

ORDER
Section 2(14) defines order as “order” means the
formal expression of any decision of a Civil Court
which is not a decree. Thus the adjudication of the
court which is not a decree is an order. As a
general rule, an order of a court 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 ord

Order and decree similarities

The adjudication of a court of law may either be:
1. A decree
2. An order
It cannot be both. There are some common
elements in both of them.
– Both relate to matters in controversy;
– Both are decisions given by a court;
– Both are adjudications of a court of law;
– Both are formal expressions of a decision.

Order and Decree distinction:

1. A decree can only be passed in a suit which
commenced by presentation of a plaint. An order
may originate from a suit by presentation of a
plaint or may arise from a proceeding commenced
by a petition or 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. An order
on the other hand, may or may not finally
determine such rights.
A decree may be preliminary or final or partly
preliminary and partly final, but there can’t be a
preliminary order.
1. Except in certain suits, where two decrees, one
preliminary and other final are passed, in every
suit there can be only one decree; but in the case
of a suit or a proceeding, a number of orders may
be passed.
2. Every decree is appealable, unless otherwise
expressly provided(SEC 96) but every order is not
appealable. Only those orders are appealable as
specified in this Code SECTION 104 O43 R1
3. A Second Appeal lies to the High Court on
certain grounds from the decree passed in the First
Appeal SEC 100 Thus there may be two appeals;
while no Second Appeal lies in case of Appealable
Orders.SEC 104 (2)