Almost every civil-procedure student mixes these two up at first. Both come from a civil court, both are formally expressed, and newspapers call both “orders”. The Code of Civil Procedure (CPC), 1908, however, treats them as separate things with different appeal routes, different enforcement and different exam answers.
This guide gives you the difference between decree and order in a table, then goes section by section. It also brings in the judgment, because “decree and judgement” and “order and judgement” are asked together. You will also get a five-question test to classify any court decision, and a list of mistakes that keep appearing in study notes.
Difference Between Decree and Order at a Glance
Use this table for quick revision. It is also the fastest way to see the difference between order and decree, whichever way round you search it.
Basis | Decree | Order |
Defined in | Section 2(2) CPC | Section 2(14) CPC |
Meaning | Formal expression of an adjudication that conclusively determines the rights of the parties on all or any matters in controversy in the suit | Formal expression of any decision of a civil court which is not a decree |
Rights decided | Substantive rights (ownership, money, possession) | Usually procedural or interim matters, though some orders affect rights |
Conclusive? | Yes, at that court’s level | Not necessarily; many orders are interlocutory |
Preliminary / final | Can be preliminary, final, or partly both | No preliminary orders |
How it arises | Only in a suit started by a plaint | In a suit, or in proceedings started by an application or petition |
How many in a suit | Usually one (preliminary and final stages follow in sequence in some suits) | As many as the case needs |
First appeal | Lies as of right unless barred (Section 96); no appeal from a consent decree (Section 96(3)) | Only for orders listed in Section 104 and Order 43 Rule 1 |
Second appeal | Possible on a substantial question of law (Section 100) | Not available from appealable orders (Section 104(2)) |
Execution | Executed under Order 21 | Usually complied with; execution applies only where an order is capable of it |
Example | Decree for recovery of ₹5 lakh; preliminary decree declaring shares in a partition suit | Order granting an adjournment; order refusing a temporary injunction |
What Is a Decree? (Section 2(2) CPC)
Section 2(2) defines a decree as the formal expression of an adjudication which, so far as the court expressing it is concerned, conclusively determines the rights of the parties on all or any of the matters in controversy in the suit. It may be preliminary or final.
Five essentials of a decree
Adjudication: a judicial decision, not an administrative step.
In a suit: a civil proceeding that begins with a plaint.
Rights determined: substantive rights such as ownership, money owed or possession, not merely procedural rights.
Conclusive: the court has nothing further to decide on that point, so an interlocutory ruling does not qualify.
Formal expression: it is drawn up as a decree in terms of the judgment.
The Supreme Court restated these essentials in Vidyacharan Shukla v. Khubchand Baghel (1964).
Deemed decrees and exclusions
The statute treats two things as decrees even though they may not look like one: the rejection of a plaint (under Order 7 Rule 11) and the determination of any question under Section 144 (restitution). Two things are expressly excluded: any adjudication from which an appeal lies as an appeal from an order, and any order of dismissal for default.
Types of decree
Preliminary decree: decides some rights but leaves further proceedings before the suit is fully disposed of. Typical suits: partition, possession with mesne profits, administration, dissolution of partnership and mortgage suits.
Final decree: completely disposes of the suit, as in a money recovery or eviction suit.
Partly preliminary and partly final: in a suit for possession with mesne profits, the direction to deliver possession is final, while the inquiry into mesne profits is preliminary.
In Shankar Balwant Lokhande v. Chandrakant Shankar Lokhande (1995), the Supreme Court explained that a preliminary decree declares the rights and liabilities of the parties and leaves the actual result to further proceedings, while the final decree carries it into effect.
What Is an Order? (Section 2(14) CPC)
Section 2(14) defines an order as the formal expression of any decision of a civil court which is not a decree. The definition works by elimination: if a decision is not a decree, it is an order. It has three essentials. It is a decision of a civil court, it is formally expressed, and it is not a decree.
Orders can be passed at any stage. They may arise in a suit or in proceedings begun by an application or petition. Some are procedural, such as granting time or allowing an amendment. Others, like a temporary injunction, can affect a party badly even though they do not finally decide the dispute.
Appealable and non-appealable orders
Appealable orders are those listed in Section 104 and Order 43 Rule 1, for example orders granting or refusing a temporary injunction, orders of remand, and an order refusing to set aside the dismissal of a suit under Order 9 Rule 9.
Non-appealable orders include adjournments, orders on costs and orders allowing or refusing amendment of pleadings. If they are wrong, the error can still be raised as a ground in an appeal from the decree (Section 105).
Difference Between Decree and Judgement (and Where Order Fits)
Students search “difference between decree and judgment”, “difference between judgement and decree” and “difference between decree and judgement” interchangeably. They all ask the same thing. Section 2(9) defines a judgment as the statement given by the judge of the grounds of a decree or order.
In plain terms, the judgment is the reasoning. The decree is the formal result that follows from it. The order is a separate kind of formal decision. So a decree and judgement are linked in time. A judgement and decree always come as a pair: the judgment comes first and the decree follows. If you ever see “decree judgement” typed as one phrase, think of this pair in that sequence.
The sequence under Order 20
The court pronounces the judgment in open court, at once or on a later date. If it is not pronounced at once, it must ordinarily be pronounced within 30 days of the hearing ending, and in exceptional cases within 60 days with notice to the parties (Order 20 Rule 1).
The judgment states the case briefly, the points for determination, the decision and the reasons (Order 20 Rule 4).
The decree must agree with the judgment and carry the suit details, the parties, the claim and the relief granted (Rule 6). It is to be drawn up within 15 days of the judgment (Rule 6A) and bears the date on which the judgment was pronounced (Rule 7).
Decree, order and judgment compared
This three-way view covers the difference between decree order and judgement, and the difference between order and judgement, in one place.
Basis | Judgment | Decree | Order |
Defined in | Section 2(9) | Section 2(2) | Section 2(14) |
What it is | Judge’s statement of the grounds | Formal, conclusive result of the adjudication | Any other formal decision of a civil court |
Governing rules | Order 20 Rules 1 to 5 | Order 20 Rules 6, 6A and 7 | Order 43 Rule 1 and other Orders |
Executable? | No, it carries reasons | Yes, under Order 21 | Usually complied with, not executed |
Appeal | Appeal is filed against the decree or appealable order, with the judgment as its reasoning | Section 96 and Section 100 | Section 104 and Order 43 Rule 1 |
Number in a suit | One at the end | Usually one | Several |
Judgement and order in practice: Court documents are often headed “judgment and order”. The order is the decision, and the judgment gives the grounds. Do not read the heading as meaning the two are the same thing.
Judgement or judgment in India? Both spellings are understood. The CPC itself uses “judgment”, but many Indian textbooks write “judgement”. Pick one spelling and stay consistent in an exam answer.
A Five-Question Test to Tell a Decree From an Order
Most confusion comes from borderline decisions. Run any decision through these questions in order.
Was it passed in a suit begun by a plaint? If not, it cannot be a decree. It is an order.
Is it a formal decision of a civil court? If it is only a remark or a note, it is neither.
Does it conclusively decide rights in controversy in the suit? If it only manages the case or grants interim relief, it is an order.
Is it on the exclusion list? An adjudication appealable as an order, or a dismissal for default, is an order even if it ends the suit.
Is it on the deemed list? Rejection of a plaint, or a Section 144 restitution decision, is a decree even if it looks like an order.
Ten decisions, classified
Court decision | Decree or order? | What follows |
Judgment for recovery of a sum of money | Final decree | First appeal under Section 96, or execution |
Declares co-owners’ shares, leaves division for later | Preliminary decree | Appeal it, or lose the right to dispute it later (Section 97) |
Rejects the plaint under Order 7 Rule 11 | Deemed decree | First appeal under Section 96 |
Section 144 restitution decision | Deemed decree | Treated as a decree |
Compromise recorded and decree passed in its terms | Decree (consent) | No appeal under Section 96(3) |
Dismisses the suit because the plaintiff did not appear | Order | Application to restore under Order 9 |
Grants or refuses a temporary injunction | Appealable order | Appeal under Order 43 Rule 1 |
Remands the case to the lower court | Appealable order | Appeal under Order 43 Rule 1 |
Grants an adjournment | Non-appealable order | Raise only if it affects the decree (Section 105) |
Allows an amendment of pleadings | Non-appealable order | Raise only if it affects the decree (Section 105) |
What Happens Next: Appeal, Execution and Review
The practical reason for the decree and order difference is the route that follows.
After a decree: the losing side files a first appeal under Section 96 unless it is a consent decree, and may file a second appeal to the High Court on a substantial question of law under Section 100. The winning side moves for execution under Order 21, which can be done in the court that passed the decree or one to which it is sent (Section 38).
After an order: an appeal lies only if the order is listed in Section 104 or Order 43 Rule 1, and there is no second appeal from it. Otherwise the party can raise the error in an appeal from the decree (Section 105), or consider revision (Section 115) or review (Order 47) where the conditions are met.
A trap: if a preliminary decree is not appealed, Section 97 stops you from disputing its correctness later in an appeal from the final decree.
One nuance students miss: an order is not always unenforceable. Section 2(3) includes, within “decree-holder”, a person in whose favour an order capable of execution has been made.
Five Common Mistakes in Study Notes
“An order is always final.” What the line is trying to say is that there is no “preliminary order”. It does not mean orders end the case. Most orders, such as adjournments and interim injunctions, are interlocutory.
“An appeal lies only against a decree.” Wrong. Orders listed in Section 104 and Order 43 Rule 1 are appealable.
“Rejection of a plaint is an appealable order.” It is a deemed decree under Section 2(2), so the first appeal is under Section 96.
“Every dismissal of a suit is a decree.” A dismissal for default is excluded. A dismissal after deciding the merits is a decree.
“A decree is a kind of order.” By Section 2(14), an order is a decision that is not a decree, so the two categories do not overlap, even though people loosely call both court orders.
Why This Matters for Law Aspirants
For an LLB or judiciary exam, “distinguish between decree and order” is a staple long-answer question, and examiners reward the section numbers and the appeal route.
If you are preparing for CLAT UG, you do not need to learn the CPC for the Legal Reasoning section, because passages supply the principles you apply. Still, terms like decree, order and judgment can appear inside passages, and reading them without hesitation saves time. Check what is actually tested in the CLAT 2027 syllabus and the CLAT exam pattern.
Frequently Asked Questions
A decree conclusively decides the parties’ rights in a suit and is defined in Section 2(2). An order is any other formal decision of a civil court and is defined in Section 2(14).