Friday 15 January 2021

Difference between Judgement and Decree

Difference between Judgement and Decree

Judgement	Decree
A judgement is based upon facts.	A decree is based upon judgement.
Judgment is made prior to decree.	Decree always follows a judgement.
A judgement contains facts of the case, the issues involved, the evidence brought by the parties, finding on issues (based on evidence and arguments).	A decree contains the outcome of the suit and conclusively determines the rights of the parties with regard to the issues in dispute in the suit.
The definition of the word judgement given in section 2(9) of the Code of Civil Procedure, 1908 does not include the word ‘formal’.	The definition of the word decree given in section 2(2) of Code of Civil Procedure, 1908 includes the word ‘formal’.
Judgement has no types.	A decree is divided into three types.
Judgement may result in a preliminary decree or a final decree or an order by itself, the judgement is always final.	The decree may be a preliminary or final or partly preliminary and partly final.
Judgement leads to the final disposal of the suit after the decree is drawn up.	After passing the decree, the suit stands disposed of since the rights of the parties are finally determined by the court.
Judgement means statement given by a Judge of the grounds of decree or order.	Decree is an adjudication conclusively determining the rights of the parties with regards to all or any of the matter in the controversy.
It is not necessary that there should be a formal expression of order in the judgement.	It is necessary that there must be formal expression of the decree.
Judgement states preciously the relief granted.	Decree must determinate the rights of the parties
Judgment may be passed in civil suits as well as in criminal cases.	Decree is passed in a civil suit.
Judgment is not capable of execution.	Decree is capable of execution.

Further Reading:

Section 2. Definitions.

Section 33. Judgment and decree.

Decree

Judgment

Reference:

1) https://blog.ipleaders.in/judgement-and-decree-under-cpc/

2) https://bnblegal.com/article/decree-judgment-and-order-under-code-of-civil-procedure-1908/

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