Difference Between Judgment, Order, and Decree
(Under the Code of Civil Procedure, 1908 – As Applicable in Pakistan)
Hello readers! Welcome back to Basic Pakistani Laws.
If you have ever read a civil court judgment in Pakistan, you must have noticed three words that appear again and again: Judgment, Decree, and Order. Most people think these three words mean the same thing. They don’t!
Understanding the exact difference is extremely important because: • Only a decree can be executed (i.e., you can get your money or property back). • Only certain orders can be challenged in appeal. • A judgment tells you “why” the court decided in a particular way.
Today we will explain everything in very simple language with easy real-life Pakistani examples. Let’s begin!
1. What is a Judgment? (Section 2(9) CPC)
Definition: A judgment is simply the statement given by the Judge explaining the reasons (grounds) for his decision. It is the “why” part of the court’s ruling.
Important points: • It is written after hearing both parties and examining evidence. • It contains facts of the case, points for determination, and the judge’s reasoning. • It does not contain the final command (like “pay Rs. 5 lakh”). That comes later.
Easy Example: Ahmad borrowed Rs. 10 lakh from Bilal in Lahore and gave a written agreement. When Ahmad refused to return the money, Bilal filed a suit in Civil Court, Lahore.
After trial, the Judge writes: “I have seen the agreement and bank statements. Ahmad took the money but never repaid it. Therefore, Bilal is entitled to get his money back.”
This long explanation is the Judgment. It tells everyone WHY Bilal won.
2. What is a Decree? (Section 2(2) CPC)
Definition: A decree is the formal expression of the court’s decision that conclusively determines the rights of the parties in the suit. In simple words, it is the final “command” or “order” that can be enforced.
Types of Decree: • Final Decree → Suit is completely finished (e.g., “Ahmad must pay Rs. 10 lakh + interest”). • Preliminary Decree → Some steps are still left (e.g., in partition suit, first decree says “property will be divided”, later final decree gives exact shares). • Rejection of plaint is also a decree.
Key Feature: Only a decree can be executed through the Execution Court (Order 21 CPC). You can attach property, arrest the person, etc.
Easy Example (continuation of above): After writing the judgment, the same Judge passes a Decree on the next page:
“Decree is hereby passed in favour of Bilal. Ahmad shall pay Rs. 10,00,000 along with 12% interest within 30 days. Costs of suit Rs. 50,000 also payable by Ahmad.”
This is the Decree. Now Bilal can go to the Execution Court and get his money recovered if Ahmad does not pay.
3. What is an Order? (Section 2(14) CPC)
Definition: An order is any formal decision of a Civil Court which is not a decree.
In simple words: Every instruction given by the court during the case (before the final decision) is usually an “order”.
Important points: • Orders can be passed at any stage of the suit. • Most orders are not appealable (only 30 specific orders listed in Order 43 CPC are appealable). • Orders cannot be executed like a decree.
Easy Examples (very common in Pakistani courts):
- During Ahmad vs Bilal case, Bilal fears that Ahmad will sell his only house to avoid payment. Bilal files an application. Court passes an order of temporary injunction: “Ahmad is restrained from selling his house till the decision of the case.” → This is an Order.
- Court passes an order directing Ahmad to produce his bank statements within 15 days. → This is also an Order.
- Court rejects Bilal’s application for early hearing. → Again an Order.
Quick Comparison Table (Easy to Remember)
| Feature | Judgment | Decree | Order |
|---|---|---|---|
| Definition | Reasons given by Judge | Formal command that decides rights | Any decision that is NOT a decree |
| Section in CPC | 2(9) | 2(2) | 2(14) |
| Contains “Why” | Yes | No (only the command) | Sometimes |
| Can be Executed? | No | Yes (through Execution Court) | Generally No |
| Appeal | No separate appeal | Appeal lies under Section 96 | Only specific orders (Order 43) |
| Example | “I believe Bilal because of agreement” | “Ahmad must pay Rs. 10 lakh” | “Do not sell the house” |
| How many in one suit? | Usually only one | One final (may have preliminary) | Many (at every stage) |
Why These Differences Matter in Real Pakistani Life
Scenario: You won a money recovery case in District Court, Karachi. The judge wrote a long judgment and then passed a decree. But the losing party did not pay.
• You cannot execute the judgment alone. • You must take the decree to the Execution Court. • If the other party files an appeal, he can appeal against the decree, not the judgment separately.
Another common mistake: Many people think every court paper is a “decree”. No! An order of temporary injunction or attachment before judgment is NOT a decree – you cannot execute it like a final decree.
Quick Tips for Students & Litigants
• Always read the last page of the court file – that is usually the decree. • If you want to appeal the final decision → appeal the decree. • If you want to challenge an interim decision (e.g., injunction) → see whether it is appealable under Order 43. • In execution proceedings, always attach a certified copy of the decree, not just the judgment.
Conclusion
To summarise in one line: Judgment = Why the court decided Decree = What you actually get (and can enforce) Order = Any other instruction during the case
Mastering these three small words will save you from many legal mistakes whether you are a law student, lawyer, or a common citizen fighting a civil case in Pakistan.
If you have any question or want examples from real Supreme Court or High Court judgments of Pakistan, just comment below!
Share this post with your friends and law students so everyone understands these basic but very important terms.