Difference Between Judgement and Decree in Civil Law
In the world of civil litigation, understanding legal terminology is crucial, whether you are a lawyer, a student of law, or a litigant seeking justice. Two terms that frequently appear in court proceedings and legal documents are judgement and decree. Though sometimes used interchangeably by laypersons, these two legal concepts have distinct meanings, purposes, and implications under the Code of Civil Procedure, 1908 (CPC).
This article will explain the difference between judgement and decree, their legal definitions, features, types, importance in civil litigation, and key points of distinction, helping you develop a clear understanding of these core legal concepts.
What is a Judgement?
A judgement represents the formal reasoning or explanation of the court regarding the matters in dispute. It is the judge’s statement of facts, legal principles, and reasoning that leads to the final decision in a case. The legal definition of judgement is provided in Section 2(9) of the CPC, which states:
“Judgement” means the statement given by the judge on the grounds of a decree or order.
Thus, a judgement explains why the court reached a particular decision — it provides the intellectual foundation for the decree that follows.
Essential Characteristics of a Judgement:
- Statement of Reasoning: A judgement elaborates on the facts of the case, the evidence presented, and the legal principles applied by the judge to arrive at the conclusion.
- Written and Signed: As per Order XX Rule 3 of the CPC, every judgement must be written by the judge and signed with the date.
- Non-Executable: A judgement in itself is not enforceable. It is the subsequent decree that is executable.
- Includes Findings: The judgement contains findings on each issue framed during the trial.
Example of a Judgement:
Consider a civil suit where Person A sues Person B for breach of contract and claims damages worth ₹5 lakh. The court, after examining the evidence and hearing both sides, delivers a judgement explaining why Person A’s claim is justified or not justified. This judgement lays the foundation for issuing the decree.
What is a Decree?
A decree is the formal expression of the adjudication made by the court. The legal definition is provided in Section 2(2) of the CPC, which states:
“Decree” means the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final.
In other words, while a judgement gives the reasoning behind a decision, the decree is the actionable part — the final order that can be enforced.
Essential Characteristics of a Decree:
- Formal Expression: A decree formally records the decision of the court regarding the rights of the parties.
- Conclusive Nature: It conclusively determines the rights of the parties involved.
- Executability: A decree can be executed through court proceedings.
- Types of Decree: A decree can be preliminary, final, or partly preliminary and partly final.
Example of a Decree:
Continuing with the above example, after delivering a judgement in favor of Person A, the court passes a decree directing Person B to pay ₹5 lakh in damages. Person A can now take steps to execute the decree if Person B fails to comply.
Types of Decree
Understanding the types of decree helps illustrate how it operates in various contexts:
- Preliminary Decree: Declares the rights of parties but leaves certain actions pending. For example, in a partition suit, the preliminary decree defines the shares of co-owners but does not divide the property physically.
- Final Decree: Fully and finally disposes of the suit. It can follow a preliminary decree.
- Partly Preliminary and Partly Final Decree: Where part of the dispute is resolved conclusively, while another part requires further proceedings.
Key Differences Between Judgement and Decree
To understand these two legal terms better, let’s examine their key differences side by side:
| Basis | Judgement | Decree |
|---|---|---|
| Definition | Statement of reasons behind the decision | Formal expression of the decision |
| Legal Provision | Section 2(9) CPC | Section 2(2) CPC |
| Nature | Explanatory | Conclusive |
| Purpose | Explains why relief is granted or denied | Specifies what relief is granted or denied |
| Execution | Not executable | Executable through the court |
| Stage | Delivered first | Drawn up based on the judgement |
| Form | Written by judge | Prepared by court officials, signed by judge |
| Number | One per suit | May involve multiple (preliminary and final) |
| Applicability | Applies to both decrees and orders | Applies to civil suits only |
Importance of Judgement and Decree in Civil Litigation
Both judgement and decree play pivotal roles in civil litigation. Their significance is as follows:
Role of Judgement:
- Establishes transparency and accountability in the judicial process.
- Provides parties with an understanding of the court’s reasoning.
- Serves as the foundation for appeals or review.
- Promotes legal consistency by recording judicial reasoning for future reference.
Role of Decree:
- Gives effect to the judgement in a form that can be enforced.
- Allows the successful party to enforce their rights.
- Is necessary for filing execution petitions.
- Forms the basis for appeal in appellate courts.
Without a judgement, a decree would lack justification. Without a decree, a judgement would remain unenforceable.
Legal Provisions Governing Judgement and Decree
Both concepts are governed by specific provisions of the Code of Civil Procedure:
- Section 2(9) defines judgement.
- Order XX of CPC outlines the procedure for writing and delivering judgements.
- Section 2(2) defines decree.
- Order XX Rule 6 prescribes the form and content of a decree.
Courts are also guided by case law and judicial precedents to ensure uniformity in preparing judgements and decrees.
Frequently Asked Questions (FAQ)
1. Is a decree always based on a judgement?
Yes, a decree must always be based on a judgement. The judgement provides the reasoning for the court’s conclusion, while the decree gives it formal and executable expression.
2. Can a judgement exist without a decree?
Technically, a judgement must result in either a decree (in a suit) or an order (in applications). In some cases, the court may deliver a judgement dismissing a suit — in such situations, a decree of dismissal will still follow.
3. How can a decree be executed?
A decree can be executed by filing an execution petition in the court which passed the decree. The successful party can seek remedies such as attachment of property, garnishment of wages, or arrest of the judgement debtor.
4. Can both judgement and decree be appealed?
Yes. A party can appeal both the judgement (reasoning) and the decree (outcome). The appellate court will review the judgement to assess whether the lower court correctly applied the law.
Conclusion
In civil litigation, the concepts of judgement and decree are interlinked but distinct. The judgement forms the backbone of judicial reasoning, explaining why the court has ruled a particular way. The decree is the formal and conclusive record of that ruling, capable of enforcement.
Understanding the difference between judgement and decree is essential for anyone navigating the legal system — whether litigants, law students, advocates, or judicial officers. Knowing how these two elements function provides clarity on legal procedures and helps ensure that justice is both transparent and enforceable.
In summary:
- The judgement explains what the judge has decided and why.
- The decree formalizes that decision in an enforceable order.
Both are indispensable elements of civil justice.
