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Difference Between Decree And Judgement
Section 33 of the Code of Civil Procedure, 1908 (referred to as "the Code") outlines the process of issuing a decree and judgement in a civil suit. These two terms, though often used together, have distinct meanings in legal proceedings.
The term 'judgement' is derived from the words judge and statement, representing the final decision made by a qualified judge after evaluating the evidence and arguments presented by both parties. On the other hand, a 'decree' refers to the formal expression of this decision by the court, establishing the legal rights of the parties involved. Simply put, the judgement explains the rationale behind the decision, while the decree formalizes and implements that decision. In any civil suit, the decree follows the pronouncement of the judgement.
What is a Decree in Civil Procedure?
Definition of Decree
A decree is a legal ruling based on a judgement in a lawsuit, as defined in Section 2(2) of the Code of Civil Procedure, 1908 (CPC). A decree serves as a formal statement or final adjudication of the rights of the parties involved, and it always follows a judgement. Unlike a judgement, which offers reasoning, a decree determines the outcome. It is typically final in nature, and there are various types of decrees, including preliminary, final, partly preliminary and partly final, and deemed decrees. The litigation process ends once a decree is issued as it defines the rights of all parties involved.
Essential Elements of a Decree
A decision qualifies as a decree if it includes the following elements:
- Adjudication of a matter: The matter has been formally adjudicated.
- Suit adjudication: The decision is rendered within the context of a lawsuit.
- Rights determination: It finalizes the determination of the parties' rights.
- Finality of the decision: The decision is definitive and not subject to further litigation within the same context.
- Formal expression: The adjudication is formally expressed in written form.
Types of Decrees
- Preliminary Decree: It resolves certain rights but does not conclude the entire lawsuit.
- Final Decree: Resolves all issues and concludes the lawsuit.
- Partly Preliminary and Partly Final Decree: Part of the decree is final, while other parts require further adjudication.
- Deemed Decree: Certain decisions, though not explicitly defined as decrees under Section 2(2), are considered decrees under specific provisions like Order 21 of CPC.
What is a Judgement in Civil Procedure?
A judgement, as defined in Section 2(9) of the CPC, is the reasoning behind the court's decision. It includes a detailed explanation of the case facts, the issues raised, the evidence provided, and the final conclusions. The judgement provides a comprehensive breakdown of the rationale behind the court's decision.
Pronouncement of a Judgement
Judgements are typically pronounced publicly following the hearing. Under CPC, the judgement should be announced within 30 days after the conclusion of the hearing, extendable to 60 days under extraordinary circumstances.
Contents of a Judgement
- Title of the Case: Includes party names, case number, court, and judge details.
- Introduction and Procedural History: A brief overview of the case and its progress.
- Facts of the Case: Summarizes the relevant facts and evidence.
- Issues Involved: Lists legal and factual issues for the court's decision.
- Arguments of Both Parties: Summarizes the legal arguments presented.
- Applicable Laws and Legal Provisions: Identifies the relevant laws and precedents.
- Ratio Decidendi: The court's reasoning behind its decision.
- Findings on Distinct Issues: Rulings on each specific issue.
- Final Order: The operational element of the judgement, detailing remedies or penalties.
Comparison Chart Of Decree And Judgment.
While Section 33 of the Code describes Decree and Judgement together, there are major differences between the two. These differences are mentioned as follows :
| Judgement | Decree |
| The judgement is a decision given by a Judicial Court. | It is a formal order that is given by the Court of Law. |
| Section 2(9) of the Code describes the term ‘judgement’. | Section 2(2) of the Code describes the term ‘decree’. |
| When the Court pronounces judgment, it is done on the basis of facts. | When the Court gives a decree, it is done on the basis of judgment. |
| A judgement given by the Court is inclusive of facts of the case, concerns or issues raised in the case, the proof supplied by the parties, and the conclusion drawn from the proof presented by the parties and the arguments put forth by the parties. | The decree mentions the outcome of the suit and lays down the rights of the parties regarding the concerns or issues that were raised in the matter. |
| The term ‘formal’ is not included in the definition mentioned in the Section 2(9) of the Code. | The term ‘formal’ is mentioned in the definition of the term ‘decree’ in Section 2(2) of the Code which describes the term and its characteristics. |
| The judgement cannot be further categorised into different types. It has only one type. | The decree can be further categorised into four types. |
| Once the decree is drawn up, the suit is finally disposed of. | Once the decree is passed, the suit is finally disposed of as the rights of the involved parties are determined. |
Conclusion
While for a layperson, there is little to no difference between a judgement and a decree, they are vastly different. On one hand, the judgement answers the ‘why’ aspect of the decision given by the court, the decree answers the ‘what’ aspect of the decision given by the court. A thorough understanding of these terms of the Code is crucial for someone who engages in civil litigation.
Read Also: Difference Between Decree & Order
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