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ORDER

 Order 

According to Section 2(14), an order means the formal expression of any decision of a civil court which is not a decree. Thus, the adjudication of a court of law may either be decree or an order but cannot be both. There are same common elements in both of them such as both relate to matters is controversy, both are decision of civil court and both are formal expression of a decision.

ORDER vs DECREE

Order

1. An order may be passed in a suit or may be passed in a proceeding commenced by a petition or an application. For example, in an application to sue as a pauper, the decision of court rejecting such application is not a decree but order as per Section 2(14)

2. An order may or may not finally determine such rights.

3. There is no such classification in case of an order.

4. In case of a suit or proceeding, a number of orders may be passed.

5. Every order is not appealable unless shown as appealable under Section 104 and Order 43 Rule 1

6. No second appeal lies in case of appealable orders [Section 104 (2)]


Decree

1. A decree can only be passed in a suit which commenced by a presentation of a plaint.

2. A decree is an adjudication conclusively determining the rights of the parties with regard to all or any of the matters in controversy.

3. A decree may be preliminary, final or partly preliminary and partly final.

4. Except in certain suits, where decree, one preliminary and one final are passed, in every suit, there can only be one decree.

5. Every decree is appealable unless otherwise expressly provided (as in the case of consent decree which is non-appealable.

6. A second appeal lie to the High Court on certain grounds from the decree passed in First Appeal. [Section 100]

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