Judgment, Decree & Order [CPC 01]

Judgment, decree, and order are some of the most important and useful terms of civil procedure, these terms are very related to each other but at the same time carry their own separate significance.

The co-relation of these three must be understood to get an overall idea first. 

When a case is presented before a court the court may take some action regarding the case at the beginning or at any stage of the case.  Then after the trial and consideration of all documents and witnesses, the court comes to a decision which conclusively determines the rights of partie/s than the court declares it’s decision with details. Now, these orders which do not finally conclude the suit are called order, the final decision of the court is given via decree and judgment is the explanation and details of the suit that is given after the decision of the court.


A decree is a formal expression of an adjudication which conclusively determines the right of the party regarding all or any of the matters in controversy in the suit. This definition of decree is given under section 2 (2) of the Code of Civil Procedure, 1908


Decree can be classified into two categories. 

  • Preliminary decree 
  • Final decree. 

A decree is a preliminary decree when any further procedure is needed to completely dispose of the suit, on the other hand, when a decree is completely disposed of and no further procedure is required is called a final decree.

The decree shall deem to have included:

  • Rejection of plaint Under order 7 rule 11 of The Code of Civil Procedure, 1908 and
  • Application of restitution against any decree or order under section 144 of the Code.

But it shall not include (exception):

  • Any adjudication by an order from which an appeal can lie. [Case: Borhanuddin miah vs N.K. Bhomik. 1954 6 DLR, 410]
  • Any order of disposal against any party for their default. [Case: Madbar Khan vs province of East Pakistan, 1965 17 DLR 963]
  • Where there is no civil suit. i.e. remedy via an application.
  • Where an application of pauper suit is rejected

 Essentials for a decree

  • There must be a civil suit, (as opposed to an application)
  • There must be an adjudication of the suit.
  • Right of the parties must have been determined by that adjudication.
  • The adjudication must be conclusive in nature.
  • The adjudication must be formally expressed.

Judgment, Decree & Order


According to Section 2(14) of The Code of Civil Procedure, 1908 order means the formal expression of any decision of a Civil Court which is not a decree. So, It can be articulated, an order is a decision or instruction of a court which is binding on the parties but is not a formal expression of adjudication of a civil suit and which does not conclusively determine the rights of parties.

For example, a temporary injunction under Order 39 of the Code of Civil Procedure is an order, any decision which is made against any application is an order.


Orders are of two kinds;

  • Not appealable; generally orders are not appealable but there are some special provisions where an Appeal can be lied for the ends of justice.
  • Appealable;  according to Section 104 and Rule 1 of Order 43 of the Code of Civil Procedure there are 25 orders that are appealable 


In the definition given under section 2(9) of the Code of Civil Procedure, 1908. judgment means that statement is given by the judge on the grounds of a decree or order. therefore, it can be said, judgment is the explanation or reason for decree or order, it itself does not impose any new determination

The court shall provide his judgment in an open court after completion of the final hearing or at any time after the final hearing but within 7 working days, as mentioned under Order 20 Rule 1 and the court shall pronounce the judgment at first and then the court shall provide the decree and order. as referred in section 33 of The Code of Civil Procedure, 1908

A judgment can have two parts:

Ratio Decidendi

This is the main and must-have part of a judgment where the judge explains what decision is given and why. It links the relation of law, evidence and other matters that are considered to conclude the decision. It puts the factual perspective on the given legal ratio, it shows how the fact fits in the law and in which ratio. This part shall be followed mandatorily. 

Obiter Dictum

This part of judgment may or may not be present in every judgment. These are observations or comments of the judgment which are not mandatory to follow but generally are considered and applied where required.

The Difference among Decree, Order & Judgment

This chart shows the core differences among decree, order & judgment. read details of difference here; Difference among Decree, Order and Judgment

MeaningStatement given by the judge on the grounds of decree or orderFormal Expression of adjudication of conclusive determinationFormal decision or instruction that is not a decree
Defined InSection 2 (9) of the Code of Civil Procedure, 1908Section 2 (2) of the Code of Civil Procedure, 1908Section 2 (14) of the Code of Civil Procedure, 1908
Initiated byGiven after final hearingInitiated by a plaintInitiated by a plaint, application or petition
Governing RulesOrder 20, Rule 1 to 5 enumerate the contents of judgmentOrder 20, Rule 5A provides preparation of decree & rule 6 provides for the contents of decree
As to ExecutionJudgment is not executable Decree is executed according to Order 21 Execution is not applicable for an order
AppealGenerally appealable Generally not appealable
KindsTwo KindsTwo Kinds (Mainly)
NatureFormal expressionascertains the rights of the party/sDirection or guideline or announcement that must be followed
NumberOne judgment at the end of the suitGenerally one decreeMultiple orders can be given in a suit


Hope this article will help you to understand these topics properly if you have any questions feel free to comment. please consider subscribing our notification by clicking (red bell at the down-right corner) and allowing our notification system to get new article notifications as we publish.

Read on this topic in Bangla; Click here

This article can answer the following questions:

  1. Define decree. [2003]
  2. Distinguish between judgment and decree [2011]
  3. Distinguish between Decree and Order.
Help others by sharing

Law Help BD is a platform to share legal knowledge, it is not an alternative to a lawyer. A lawyer needs to research and try various strategy to get the best outcome for his client which can be different than a general explanation of the law. Therefore, it is advised to get an experienced lawyer if there is any specific problem to deal with, you can also hire us or try our legal support offers or just e-mails us at [email protected]

Rayhanul Islam

Advocate Rayhanul Islam is the founder and Editor in Chief of Law Help BD. He is also a researcher. Critical thinking is his main focus. He is on a quest to bring positive change to the legal sector of Bangladesh. He promotes legal knowledge and human rights concept to the root level. e-mail: [email protected]

You may also like...

2 Responses

  1. Usman says:

    “Essentials for a decree” ei part er 3 no. point e *Right of the parties hobe, typing mistake hoyeche most probably.
    Other than this, this article has helped a lot for me, thanks!

Leave a Reply

Your email address will not be published. Required fields are marked *