Question

    Under the Code of Civil Procedure, 1908, what is the

    distinction between a "decree" and an "order"?
    A No distinction; both terms are synonymous Correct Answer Incorrect Answer
    B Decree is final judgment disposing of suit; order is other judicial direction Correct Answer Incorrect Answer
    C Order is binding; decree is merely advisory Correct Answer Incorrect Answer
    D Decree is made by lower courts; order by higher courts Correct Answer Incorrect Answer
    E Decree relates to property; order to personal matters Correct Answer Incorrect Answer

    Solution

    Section 2(2) of the Code of Civil Procedure, 1908, defines a decree as the formal expression of the court's adjudication upon the rights of the parties in a suit, finally disposing of the suit (wholly or partially). Section 2(14) defines an order as any formal expression of the court's decision on a matter other than a decree. Decrees are enforceable through execution proceedings; orders may or may not be independently executable depending on their nature. Preliminary decrees (partial) and final decrees exist; preliminary decrees require further proceedings (e.g., account taking) for implementation. Appeals lie against decrees; against orders only when permitted by law. Understanding this distinction is crucial for civil litigation, as decree execution follows specific CPC procedures.

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