CPC Notes-Amish Shah

Decree, Order & Judgement
Decree
Defined u/s 2(2) of Civil Procedure Code, 1908. It means the formal
expression of an adjudication which conclusively determines the rights
of the parties with regard to all or any of the matter in controversy in the
suit.
A decree may be either preliminary or final.
A decree is preliminary when a further procedure has to be taken before

the suit can be completely disposed off. When adjudication completely
disposes of the suit such decree is final.
It may be noted that the term decree doesn’t include the following:
 Any adjudication from which an appeal lies as an appeal from an

order or
 Any order or decision of the dismissal of the suit for default.
“Formal expression” means the recordation of the ruling of the Court on the
matter presented before it, so far as the Court expressing it alludes to the
fact that the same issue cannot be adjudicated by or before the Court again
but only before a higher forum i.e. an appellate forum.
A decree must be drawn separately after a judgment.
Deemed Decrees: A deemed decree is one which, though not fulfilling the
essential features of a decree as required by the Code has been expressly
categorised as a decree by the legislature. The rejection of a plaint and the
determination of questions of facts are deemed decrees.
Order
Defined u/s 2 (14) of the Civil Procedure Code. It means the formal
expression of any decision of the Civil Court which is not a decree.
The starting point for an order need not always be a plaint, it may be an
application or petition. Though being a formal expression, it follows that an
order need not conclusively determine the rights of parties on any matter in
dispute. However, it may relate to the matters in controversy.
Judgment
Defined u/s 2 (9) of the Civil Procedure Code. It means the statement
given by the Judge on the grounds of a Decree or Order. Thus a
judgment sets out the ground and the reason for the Judge to have arrived
at the decision.
Judgment is the decision of a court of justice upon the respective rights

and claims of the parties to an action in a suit submitted to it for
determination – State of Tamilnadu V. S. Thangaval.
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Judgment is the statement of the Court on the grounds for having arrived at
a decision.
A judgment must contain the following components:
1. A crisp statement of facts of the case;

2. The points or issues for determination;
3. The decision on such issues and finally;
4. The reasons for such a decision.
Concept of set off, Equitable Set off and Counter Claim
Set Off
Order 8, Rule 6 deals with set off which is a reciprocal discharge of debts
between the plaintiff and he defendant. It has the effect of extinguishing
the plaintiff’s claim to the extent of the amount claimed by the defendant as
a counter claim.
Where the defendant’s claims to set off against the plaintiff’s demand, in a
suit for the recovery of money, any ascertained sum of money legally
recoverable by him from the plaintiff, the defendant may present a written
statement containing the particulars of the debt sought to be set off.
Example: [ R and S sale rice for Rs 25000 to A and M. A sell cloth worth Rs.
28000 to S. A file a suit against S for recovery of price of cloth. S claims set
off of the cost of rice in this suit.
 S will not allow set off – in dealing parties are not jointly same.
Equitable Set Off
Where the defendant claims set off in respect of an unascertained sum of

money, where the claim arises of the same transaction and then such set
off is known as equitable set off. Generally, the suits emerge from cross
demands in the same transaction and this doctrine is intended to save the
defendant from having to take recourse to a separate cross suit.
Counter Claim
Order 8, Rule 6A of Civil Procedure Code deals with the Rule of Counter
claim. This Rule permits the defendant to set up the claim as a counter to
the claim of the plaintiff, which arose between the parties. This rule is
applicable in the interest of public policy so as to minimize litigation
between the parties which could have been filed by the defendant
separately.
A defendant in suit may in addition to his right of pleading a set off under
rule 6, set up by way of counter claim against the claim of the plaintiff, any
right or claim in respect of a cause of action accruing to the defendant
against the plaintiff either before or after the filing of the suit but before the
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defendant has delivered his defense or before the time limited for delivering
his defense has expired whether such counter claim is in the nature of
claim for damage or not. Such counter claim must be with in the limit of the
court.
Misjoinder of Parties
When more than one persons joined in one suite as plaintiff or defendants
in whom or against whom any right to relief does not arise or against whom
separate suit are bought, no common question of law or fact would airs.
To avoid such misjoinder two factors are essentially considered by

adjudication:
1. the right to relief must arises out of same act or transactions brought
by plaintiffs or against the defendant,
2. There is common question of law or facts.
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Decree, Order & Judgement
Decree Order Judgement

Section 2(2) Section (14) Section 2(9)
Formal expression of an adjudication Formal expression of any decision of civil Statement given by judge on the ground of
which conclusively determine the right of court, which in not decree. decree or order.
parties with regarding to the matter in
controversy in suit.
Decree Judgement set out in the ground and the
 Preliminary reason for the judge to have arrived at the
 Final decision.
Decree & Order
Adjudicate and conclusively determine the Order does not do so.
right of the parties.
Always appealable, unless prohibited by Order not appealable unless permitted by
law. law.
Second appeal permissible. No second appeal permissible.
Decree Always final
 Preliminary
 Final
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Decree, Order & Judgement

A decree may be either preliminary or final.

A decree is preliminary when a further procedure has to be taken before

 Any adjudication from which an appeal lies as an appeal from an

A decree must be drawn separately after a judgment.

Judgment is the decision of a court of justice upon the respective rights

A judgment must contain the following components:

1. A crisp statement of facts of the case;

Concept of set off, Equitable Set off and Counter Claim

Equitable Set Off

Where the defendant claims set off in respect of an unascertained sum of

To avoid such misjoinder two factors are essentially considered by

Decree Order Judgement

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