State the Difference Between Judgment and Decree

1. Definition:

• Judgment: A judgment is the formal decision given by a court after considering all the issues, evidence, and law involved in the case. It addresses the points of dispute and sets out the court’s reasoning, findings, and conclusions.
• Decree: A decree is a formal order passed by the court after the judgment, embodying the court’s decision and declaring the rights and liabilities of the parties. It provides the means of enforcing the judgment.

2. Legal Provision:

• Judgment: Defined under Section 2(9) of the CPC, a judgment is a statement that contains the decision on the issues involved in a case.
• Decree: Defined under Section 2(2) of the CPC, a decree is a formal order that follows the judgment and declares the rights of the parties in terms of enforcement.

3. Nature:

• Judgment: A judgment can be final, but it may also be preliminary in some cases. It outlines the legal reasoning but may not always directly result in the resolution of the case.
• Decree: A decree can be preliminary, final, or partly preliminary and partly final. It is more specific in determining the parties’ rights and liabilities.

4. Part of the Suit:

• Judgment: A judgment is the concluding part of a suit. It determines the issues in dispute and provides the reasoning behind the court’s decision.
• Decree: A decree is the operating part of the suit. It embodies the final order based on the judgment, specifying how the judgment is to be enforced.

5. Court Type:

• Judgment: A judgment can be passed in both civil and criminal cases.
• Decree: A decree is passed only in civil cases.

6. Appealability:

• Judgment: A judgment is typically not appealable on its own. However, an appeal may be filed against the decree that follows the judgment. If a party is dissatisfied with the judgment, they may need to wait until the decree is passed to appeal, as the decree represents the formal order and is the enforceable order that can be contested.

• Decree: A decree is appealable under Section 96 of the CPC, which allows a party dissatisfied with the decree to challenge it in a higher court through an appeal. This applies to both preliminary and final decrees.

  • Section 104 of the CPC also provides that certain decrees or orders (e.g., those related to the execution of a decree or restoration of a suit) can be appealed directly to higher courts, even without a first appeal.

  • Second Appeal (Section 100 of CPC): A second appeal is possible under Section 100 of the CPC, provided the appeal concerns a substantial question of law. The second appeal can be filed in a High Court if the party is dissatisfied with the decree passed by the lower appellate court. This type of appeal allows the higher court to review legal issues raised by the decision in the lower courts, especially concerning questions of law.

7. Sequence in Proceedings:

• Judgment: The judgment is given first, after which the decree is passed.
• Decree: The decree is passed after the judgment, and it reflects the legal consequences of the court’s decision.

8. Formal Expression:

• Judgment: While a judgment must be formal in nature, “formal” is not explicitly defined in the law under Section 2(9) of the CPC.
• Decree: A decree is always a formal expression of the court’s decision, as specified in Section 2(2) of the CPC.

9. Execution:

• Judgment: A judgment cannot be executed on its own. It simply sets out the legal findings but requires a decree for enforcement.
• Decree: A decree is capable of execution. It provides a concrete order that can be enforced, such as through attachment, arrest, or other legal measures.

10. Finality and Closure:

• Judgment: A judgment resolves the legal issues but may not immediately bring final closure to the suit. Additional orders, such as a decree or further proceedings, may be necessary.
• Decree: A decree marks the final resolution of the suit, as it declares the rights and liabilities of the parties and leads to the closure of the case.

11. Role of Order XX of CPC:

• Judgment: Under Order XX of the CPC, judgments must be written and signed by the judge. It ensures the judgment is formal and includes the findings on facts and law, with clear reasoning for the court’s decision.
• Decree: Once the judgment is pronounced, the decree is drawn up in accordance with the judgment. It is a formal order that specifies the practical implementation of the judgment, as outlined in Order XX, Rule 6 and Rule 7 of the CPC.

12. Purpose:

• Judgment: A judgment provides the legal reasoning and findings on the facts, law, and issues in the case. It serves as the basis for determining how the suit should proceed and what rights the parties hold.
• Decree: A decree determines the rights and liabilities of the parties and specifies how the judgment should be carried out. It is the order that is enforceable by law.

Conclusion:

To summarize, judgments and decrees are two essential parts of the judicial process, with the judgment being the court’s reasoned decision on the issues of a case, and the decree translating that decision into an enforceable order. A judgment is a statement of the court’s findings, while a decree has the authority to enforce those findings. Order XX of the CPC governs the formal procedures for delivering judgments and drawing up decrees, ensuring their clarity, consistency, and execution.