Decree:
Decree means a
formal adjudication which ‘conclusively determines’ the rights of parties.
Decree may be
either ‘preliminary decree’ or ‘final decree’.
If a suit can be
completely disposed of by a decree, it is called ‘final decree.’
In a decree, when
further proceedings have to be taken before the suit is completely disposed of,
it is a ‘preliminary decree.’
If an ‘order’
from which an appeal lies, it is not a ‘decree’.
Any ‘order’ of
dismissal for default is ‘not a decree’.
‘Judgment’ means
the statement given by the Judge on the grounds of decree or order.
Order:
‘Order’ means
the formal expression of “any decision of a Civil Court”, which is not a
decree.
Order from
which appeal lies:
An appeal shall lie from the
following orders – viz.
1) Order
against ‘compensatory costs’ under sec.35A;
2) Order
‘refusing leave to institute suit’ of the nature of Public Nuisance and Public
Charities under sec.91 and 92.
3) Ordering
compensation for obtained orders on insufficient grounds under sec.95.
4) Order
imposing fine or arrest (except in execution proceedings);
5) Any
‘orders’ passed in appeal proceedings.
What court
to hear appeals from ‘Orders’?
Appeal from orders shall lie to the
Court which in the normal circumstances ‘an appeal would lie from the decree in
that suit’.
CPC sec.2(2)
defines what is ‘decree.’
CPC sec.2(14) defines what is ‘order.’
CPC sec.2(9) defines what is ‘judgment’
CPC sec.104 prescribes from which
‘Orders’ appeal lies.
CPC sec.106 prescribes the court
to hear appeals arise from orders.
Appeal to the Supreme Court
Subject to provisions of Part V
Chapter IV of the Constitution of India, ‘an appeal shall lie to the Supreme
Court’ from any judgment, decree or final order in any civil proceedings.
(provided if the High Court certifies that the case involves a substantial
question of law).
The Supreme
Court itself has power under Article 136 of the Constitution to hear any appeal
from any judgment, decree or final order in any civil proceedings.
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