order

Under the CPC, an order is the formal expression of any decision of a civil court which is not a decree. A decree conclusively determines the rights of the parties on matters in controversy in the suit; orders typically deal with procedural or interlocutory matters, such as granting a temporary injunction, appointing a receiver or rejecting an application for amendment.

An appeal lies only from the orders listed in s.104 and Order XLIII Rule 1; there is no second appeal from an order. Other orders may be challenged in an appeal from the decree or by revision. The word “Order” also names the chapters of the First Schedule of the CPC (Order I to Order LI).

Example

The order granting a temporary injunction is appealable under Order XLIII Rule 1(r).

In Indian law

• Section 2(14), Code of Civil Procedure, 1908
• Section 104 and Order XLIII, CPC (appealable orders)

See also

decree · judgment · appeal · interlocutory application

Read more in the study notes

• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Classification of administrative action (Administrative Law)
• Delegated legislation: meaning, growth, merits and administrative directions (Administrative Law)
• Excessive delegation, conditional legislation and sub-delegation (Administrative Law)
• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)