• Define decree order and its authenticity

what is the basic diffrence between decree order and just an order of any civil court
Asked 3 years ago in Property Law from New Delhi, Delhi
Hello,

A decree finally decided rights and obligations between two parties (unless it is a preliminary decree). A decree normally follows a judgment.

Whereas an order does not finally decided the rights and obligations of two parties. Any formal expression of court which is not a decree is an order. In practical terms, a decree is formally and separately drawn by the court while the order sheet of the court consists of all the orders which are passed during the course of proceedings.

Apart from above, there are numerous differences between the two from an academic point of view. If you may please tell me as to why are you asking for the differentiation, I may be able to assist you more on this.

Thanks & Regards,
Nishant
Nishant Bora
Advocate, Jodhpur
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DecreeIn a civil suit several facts might be alleged and the court may be required to rule on several claims. In simple terms, a decree is the ruling of the court regarding the claims of the parties of the suit. For example, in a suit between A and B, A may claim that a particular property P belongs A. After hearing all the arguments, the court will rule in the favor of either A or B. The final decision of the court regarding this claim i.e. whether the property belongs to A or B, is a decree. OrderAs per Section 2 (14), The formal expression of any decision of a civil court which is not a Decree is Order.  In a suit, a court may take certain decisions on objective considerations and those decisions must contain a discussion of the matters at issue in the suit and the reasons which led the court to pass the order. However, if those decisions fall short of a decree, they are orders.
Sandeep Hegde
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Academic query.
Ashish Davessar
Advocate, Jaipur
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