Judgment, Decree, Order, Appeal

Decree:

Decree means a formal adjudication which ‘conclusively determines’ the rights of parties.

Decree may be either ‘preliminary decree’ or ‘final decree’.

If a suit can be completely disposed of by a decree, it is called ‘final decree.’

In a decree, when further proceedings have to be taken before the suit is completely disposed of, it is a ‘preliminary decree.’

If an ‘order’ from which an appeal lies, it is not a ‘decree’.

Any ‘order’ of dismissal for default is ‘not a decree’.

‘Judgment’ means the statement given by the Judge on the grounds of decree or order.

Order:

‘Order’ means the formal expression of “any decision of a Civil Court”, which is not a decree.

Order from which appeal lies:

An appeal shall lie from the following orders – viz.

  • Order against ‘compensatory costs’ under sec.35A;
  • Order ‘refusing leave to institute suit’ of the nature of Public Nuisance and Public Charities under sec.91 and 92.
  • Ordering compensation for obtained orders on insufficient grounds under sec.95.
  • Order imposing fine or arrest (except in execution proceedings);
  • Any ‘orders’ passed in appeal proceedings.

What court to hear appeals from ‘Orders’?

Appeal from orders shall lie to the Court which in the normal circumstances ‘an appeal would lie from the decree in that suit’.

CPC sec.2(2) defines what is ‘decree.’

CPC sec.2(14) defines what is ‘order.’

CPC sec.2(9) defines what is ‘judgment’

CPC sec.104 prescribes from which ‘Orders’ appeal lies.

CPC sec.106 prescribes the court to hear appeals arise from orders.

Appeal to the Supreme Court

Subject to provisions of Part V Chapter IV of the Constitution of India, ‘an appeal shall lie to the Supreme Court’ from any judgment, decree or final order in any civil proceedings. (provided if the High Court certifies that the case involves a substantial question of law).

The Supreme Court itself has power under Article 136 of the Constitution to hear any appeal from any judgment, decree or final order in any civil proceedings.

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