Difference between Decree and Order under CPC
Difference between Decree and Order under CPC
In this article, we will discuss what is the difference between the Decree and Order under CPC? by the way of table and points. Which are as follows:-
Sr. No. | Decree | Order |
1. | Section 2(2) of the Code of Civil Procedure, defined the Decree, | Section 2(14) of the Code of Civil Procedure, defined the Order, |
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 may or may not finally determination of such rights, |
3. | A decree can only be passed in a suit initiated by the presentation of a plaint, | An order can be passed in a suit initiated by the presentation of a plaint, application, or petition, |
4. | A decree can be preliminary, final or partly preliminary and partly final, | An order cannot be a preliminary, |
5. | In a suit, there is only one decree, except in certain suits, where two decrees, one preliminary and the other final are passed, | In a suit, there can be more than one order, |
6. | A decree is normally appealable except if it is specifically barred by law, | Only those orders are appealable as specified in the Code under sec.104 and Order 43 R.1, |
7. | There can be a second appeal on the grounds mentioned in sec 100 of the CPC from a decree, | But in case of an appealable order, no second appeal lies, |
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