The distinction between an Order and a Decree under the Code of Civil Procedure, 1908 (CPC) is basic—but also one of the most frequently misunderstood concepts in civil procedure. Confusing the two leads to wrong remedies, defective appeals, and procedural disasters.
This is not semantics. It directly affects appealability, finality, and execution.
Meaning of Decree
A Decree is the formal expression of a civil court adjudication. It conclusively determines the rights of the parties. This determination is related to all or any of the matters in controversy in the suit.
A decree flows from a judgment and is passed only in a suit.
In simple terms:
A decree decides rights.
Also Read- Institution of Suit – Step-by-Step
Key Characteristics of a Decree
- Passed only in a suit
- Must conclusively determine rights
- May be final, preliminary, or partly both
- Always follows a judgment
- Executable
If rights are finally decided, you are dealing with a decree—not an order.
Meaning of Order
An Order is the formal expression of a decision of a civil court which does not amount to a decree.
It deals with procedural or interim matters, though some orders may substantially affect rights.
In simple terms:
An order regulates proceedings.
Key Characteristics
- May be passed in a suit or other proceedings
- Does not necessarily decide final rights
- Can be interlocutory or final in nature
- Not every order is appealable
- May or may not be executable
Orders keep the suit moving. They don’t normally end it.
Core Differences Between Order and Decree
Nature of Decision
A decree conclusively determines rights.
An order generally decides procedural or incidental matters.
Scope
A decree is passed only in a suit.
An order may be passed in a suit or in other proceedings.
Finality
A decree has a degree of finality regarding rights.
An order usually does not, though some orders may have final consequences.
Appeal
Every decree is appealable (unless expressly barred).
Only certain orders are appealable.
Execution
Decrees are executable.
Orders are executable only if they so direct.
Also Read- Reference, Review & Revision
Types of Decrees
Understanding this strengthens the distinction.
Preliminary Decree
Determines rights but leaves further proceedings to be done.
Final Decree
Completely disposes of the suit.
Partly Preliminary and Partly Final Decree
Some rights decided finally, others pending.
Orders do not have such classification.
Appealability: The Practical Difference
This is where most mistakes happen.
- Appeal from a decree lies under Section 96 CPC
- Appeal from an order lies only if it is specifically listed under Order XLIII CPC
Filing an appeal against a non-appealable order = instant dismissal.
Courts are unforgiving here.
Order That Looks Like a Decree (and Vice Versa)
Not every decision that affects rights is a decree.
Not every final-looking decision is appealable as a decree.
The test is not:
- What the court calls it
But: - What it actually decides
Substance > label.
Why the Law Keeps Them Separate
Because civil litigation needs balance.
- Decrees provide finality
- Orders provide flexibility
If every order were treated like a decree, litigation would never move forward.
If every decree were treated like an order, rights would never settle.
Common Mistakes Students and Lawyers Make
- Treating rejection of plaint as an order (it is a decree)
- Filing appeal against non-appealable orders
- Ignoring Order XLIII CPC
- Confusing interim orders with final adjudication
These are avoidable errors—and costly ones.
Also Read- Written Statement – Importance
A decree determines rights and brings legal finality.
An order manages procedure and progress.
One decides the destination.
The other controls the journey.
If you confuse them, you choose the wrong remedy. In civil procedure, the wrong remedy is as bad as no remedy.
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