The adjudication of a civil court ends either in form of – (i) Decree; or (ii) Order Decree means According to section 2(2) "Decree" means the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit.

1. Decree
The adjudication of a civil court ends either in form of –
(i) Decree; or
(ii) Order
Decree means
According to section 2(2) "Decree" means the formal expression of an adjudication which
conclusively determines the rights of the parties with regard to all or any of the matters in
controversy in the suit.
Essential Elements
From a bare reading of the above definition it is evident that a “decree” must have the following
elements:
(i) there must be an adjudication of a suit with formal expression;
(ii) the adjudication must determine the rights of parties regarding the matter in controversy;
(iii) such determination must be conclusive in nature.
(iv) such adjudication must be given by a civil court.
(v) such decision must have been expressed in a suit.
If all the above conditions are fulfilled, the decision is a decree, if not; it is an order or a finding
on an issue.
Some important elements are discussed as follows:
Adjudication
In Madan Naik Vs. hansubala Devi, AIR 1983 (SC) 676 held that an adjudication means a
judicial determination of a matter in controversy. If there is no judicial determination of any
matter in dispute, it is not a decree. Further such judicial determination must be by a court. Thus
an order passed by an officer who is not a court is not a decree.
Suit
‘Suit’ ordinarily means ‘a civil proceeding instituted by presentation of a plaint. Thus every suit
is commenced by a plaint. And when there is no civil suit there no decree.
Rights of parties as to matter in controversy
The word “rights” means substantive rights of the parties and not merely procedural rights. The
words “rights of the parties’ in the definition of the decree have reference to ‘rights to relief.” So
every order of the trial court which grants or refuses a relief is a decree. There must have been
adjudication on the rights of the parties. Thus an order of dismissal for default of appearance is
no determination of the rights of the parties, and therefore is not a decree.
The terms “parties” means parties to the suit i.e., the plaintiff and defendant.
Conclusively determine
The expression implies that the decision must be one which is complete and final at regards the
court which passed it. An interlocutory order which does not decide the rights of the parties
finally is not a decree.

2. Decree include
According to section 2(2) decree shall also include:
i) the rejection of a plaint; and
(ii) the determination of any question within section 144.
In Bashir Vs. Jamir; 2 BLD 201 held that an order rejecting a plaint on the ground of lack of
jurisdiction is a decree.
Decree does not include
According to section 2(2) decree shall not include:
(i) any appealable order; or
(ii) any order for dismissal for default.
Types of Decrees
According to the definition provided under section 2(2) of the CPC, 1908, a decree may be either
a) Preliminary; or
b) Final.
Preliminary Decree
A decree is preliminary when further proceedings have to be taken before the suit can be
completely disposed of. It is final when such adjudication completely disposes of the suit. It may
be partly preliminary and partly final.
Therefore, in preliminary decree, certain rights are conclusively determined and unless the
preliminary decree is challenged in appeal, the rights so determined become final and conclusive
and cannot be questioned in the final decree.
Final Decree
A final decree is one which completely disposes of a suit and finally settles all questions in
controversy between parties and nothing remains to be decided thereafter. A decree may be said
to be final in three ways:
a) when no appeal is filed within the prescribed period; or
b) the matter has been decided by the decree of the highest court and
c) when the decree, so far as regards the court passing it, completely disposes of the suit.
Partly preliminary and partly final
A decree inheriting characteristics of partly preliminary and partly final is passed in suits as for
possession of land and mesne profits, the court orders to deliver possession of the land in favour
of the plaintiff and directs inquiry regarding the mesne profits.
The first portion of the decree is final as it directs the delivery of possession to the plaintiff,
while the second portion is preliminary in as much as it directs an inquiry as to mesne profits.
Contents of decree
According to R. 6(1) Or. 20 of the CPC, 1908 decree shall contain the following things:
1. the number of the suit,
2. the names and descriptions of the parties,
3. particulars of the claim, and
4. shall specify clearly the relief granted or other determination of the suit.

3. Power to amend decree and Orders
There are only two cases in which the court can amend or vary a decree or order after it is drawn
up and signed, namely:
a) under its inherent powers S. 151, when the decree or order does not correctly state what, the
court actually decided and intended; and
b) Under section 152, where there has been a clerical or arithmetical mistake, or an error arising
from an accidental slip or omission.
Order
"Order" means the formal expression of any decision of a Civil Court which is not a decree.
According to section 2(14), the adjudication of a court which is not a decree is an order. All
decrees are order but all orders are not decree.
Types of decree:
Orders may be sub divided into-
(i) appealable orders and
(ii) non-appealable orders.
Where adjudication amounts to an order, no appeal lies from it, unless it is enumerated in the list
of appealable orders given in section 104 or in the list given in rule-1 of Order 43.
Distinction between Order and Decree
Distinction between Order and Decree may be distinguished in the following ways:
1. A decree is passed in a suit which is instituted by the presentation of plaint.
On the other hand, an order may be passed in a suit which is instituted either by the
presentation of plaint or an application.
2. Decree defined under section 2(2) of the Code of Civil Procedure, 1908.
On the other hand, order defined under section 2(14) of the Code of Civil Procedure,
1908.
3. Decree conclusively determines the rights of the parties.
On the other hand, order may or may not determines the rights of the parties finally.
4. Decree may be either a) Preliminary; or b) Final
On the other hand, order cannot be preliminary.
5. Generally in a suit there can be only one decree.
On the other hand, there can be number of order.
6. Decree is usually appealable unless it is expressly barred by law.
On the other hand, order may be either appealable or non-appealable.
Similarities between Order and Decree
There are following similarities between order and decree:
1. Both decisions are given by the civil courts.
2. Both are formal expression of a decision.
3. Both are given in matters of controversy between contesting parties.