Order

The word order has many uses, but its defined meaning in civil procedure is in Section 2(14) of the CPC: the formal expression of any decision of a Civil Court which is not a decree. The definition works by exclusion, so the first step is always to ask whether the decision is a decree under Section 2(2).

A decree is 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. Section 2(2) deems the rejection of a plaint and the determination of questions under Section 144 to be decrees, and excludes any adjudication from which an appeal lies as an appeal from an order, and any order of dismissal for default. Decisions that do not conclusively determine rights in the suit, such as orders on interim injunctions, the appointment of a receiver or the return of a plaint, are orders. A judgment, by contrast, is the statement of the grounds of a decree or order (Section 2(9)).

The distinction matters most for appeals. An appeal lies from every decree unless barred, but from an order only if it is listed in Section 104 or in Order XLIII Rule 1. Under Section 105, no appeal lies from other orders, but where a decree is appealed from, any error, defect or irregularity in an order affecting the decision of the case may be raised as a ground in the memorandum of appeal. No second appeal lies from an order passed in appeal under Section 104.

Examiners test whether a given decision is a decree or an order, and whether a listed order is appealable. Remember the deemed decrees, the two exclusions from decree, and that an order capable of execution makes its holder a decree holder under Section 2(3).