Judgment and decree: definitions, kinds, and Order XX

1. The definitions

• Judgment (section 2(9)): the statement given by the judge of the grounds of a decree or order.
• Decree (section 2(2)): the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit, and may be either preliminary or final. It is deemed to include the rejection of a plaint and the determination of any question within section 144 (restitution). It does not include (a) an adjudication from which an appeal lies as an appeal from an order, or (b) an order of dismissal for default.
• Order (section 2(14)): the formal expression of any decision of a civil court which is not a decree.

2. The elements of a decree

The definition breaks down into five requirements. If any one is missing, the decision is not a decree.

• An adjudication: a judicial determination of the matter in dispute. An administrative act, or the mere recording of what a party says, is not an adjudication.
• In a suit: the proceeding must begin with a plaint (section 26). Decisions in applications, such as an order on a petition under the Arbitration Act or an execution application, are not decrees unless a statute deems them to be (as section 2(2) does for section 144).
• Rights of the parties in relation to the matters in controversy: the substantive rights claimed in the suit, not procedural questions such as an adjournment or the summoning of a witness.
• Conclusive determination: so far as that court is concerned, the decision is final and the court cannot revisit it, even though an appeal may lie. An interim injunction is not conclusive; it lasts only till the suit is decided.
• Formal expression: the decision must be drawn up in the form required (Order XX rule 6). But the formal expression may be deduced from the judgment; a decree must still be drawn up separately.

3. Kinds of decree

• Preliminary decree: where further proceedings must be taken before the suit is completely disposed of. Examples in Order XX: suits for partition (rule 18), accounts between principal and agent (rule 16), dissolution of partnership (rule 15), administration (rule 13), possession and mesne profits (rule 12), pre-emption (rule 14); and mortgage suits under Order XXXIV.
• Final decree: where the adjudication completely disposes of the suit. A decree becomes final either because no appeal is filed or the highest court has decided, or because it settles all the matters in controversy.
• Partly preliminary and partly final: as where the court decrees possession of property and directs an inquiry into mesne profits (Explanation to section 2(2); Order XX rule 12).
• Deemed decree: the rejection of a plaint under Order VII rule 11, and the determination of a question under section 144. These are decrees by legal fiction and so are appealable as decrees.

More than one preliminary decree can be passed in the same suit, for example where shares in a partition suit change on the death of a party. A final decree must follow the preliminary decree and cannot go beyond it. If a party does not appeal from a preliminary decree, he cannot challenge its correctness in an appeal from the final decree (section 97).

4. Decree and order compared

• Origin. A decree can arise only in a suit begun by a plaint; an order may arise in a suit, an application or any other proceeding.
• Nature. A decree conclusively determines the rights of the parties; an order may or may not determine rights conclusively.
• Kinds. A decree may be preliminary, final, or partly both; there is no preliminary order.
• Number. Ordinarily one decree in a suit (subject to preliminary decrees); any number of orders may be made in the course of a suit.
• Appeal. Every decree is appealable unless an appeal is expressly barred (section 96); an order is appealable only if listed in section 104 or Order XLIII rule 1.
• Second appeal. A second appeal lies from an appellate decree on a substantial question of law (section 100); no second appeal lies from an order passed in appeal (section 104(2)).

5. Pronouncing judgment (Order XX rules 1 to 5)

• When (rule 1). In open court, at once or as soon as practicable. Where it is reserved, every endeavour is to be made to pronounce it within thirty days of the conclusion of hearing; for exceptional reasons the date may be extended, but not ordinarily beyond sixty days. It is enough to read out the findings on each issue and the final order (rule 1(2)).
• By a successor (rule 2). A judge may pronounce a judgment written but not pronounced by his predecessor.
• Signing (rule 3). The judgment is dated and signed in open court when pronounced, and cannot afterwards be altered except under section 152 (clerical or arithmetical mistakes) or on review.
• Contents (rule 4). A Small Cause Court judgment need contain only the points for determination and the decision. Other judgments must contain a concise statement of the case, the points for determination, the decision on them, and the reasons.
• Each issue (rule 5). The court must state its finding with reasons on each issue, unless a finding on one or more is sufficient for the decision.

The reasons requirement applies even where the court decrees the suit because the defendant has not filed a written statement. In Balraj Taneja v. Sunil Madan, 1999 INSC 385, (1999) 8 SCC 396, the Court held that a judgment under Order VIII rule 10 must still be a “judgment” within section 2(9): it must show that the judge applied his mind and must state the grounds, so that the appellate court can examine them.

6. Drawing up the decree (rules 6 to 20)

• Contents (rule 6). The decree must agree with the judgment and contain the suit number, names, descriptions and registered addresses of the parties, particulars of the claim, and the relief granted; it also states the costs and who pays them.
• Time (rule 6A). The decree is to be drawn up within fifteen days of the judgment. An appeal may be filed without a copy of the decree; until it is drawn up, the judgment is treated as the decree for the purpose of the appeal.
• Date (rule 7). The decree bears the date of the judgment.
• Specific decrees (rules 9 to 19). Immovable property must be described sufficiently to identify it (rule 9); movable property decree states the alternative money value (rule 10); the court may order payment by instalments (rule 11); and the rules for possession with mesne profits, administration, pre-emption, partnership, accounts and partition follow. Rule 19 covers decrees where set-off or counter-claim is allowed.
• Copies (rule 20). Certified copies are furnished to the parties on application.

“Mesne profits” (section 2(12)) are the profits a person in wrongful possession actually received or might with ordinary diligence have received, with interest, but excluding profits due to improvements he made. Under Order XX rule 12, future mesne profits run until delivery of possession, relinquishment with notice, or three years from the decree, whichever is earliest.

How this is examined

“Define decree and order. What are the differences between decree and order?” (February 2025) and the short note “Decree and order” (January 2026) are answered from sections 1, 2 and 4, with one example of each kind of decree from section 3. A ten-mark answer should end with Order XX rules 1, 4, 5 and 6 and Balraj Taneja. Expect a short problem asking whether a particular decision (dismissal for default, rejection of plaint, interim injunction) is a decree.