Orders which are Decree1. Rejection of plaint.2. Rejection of memorandum of appeal.3. An order for abatement of the suit.4. Modification of a decree is also a decree.5. An order setting aside an ex parte decree is a decree.6. An order dismissing the appeal for non-payment of additional court fees.7. Order for partnership dissolution.8. An order for alimony and maintenance under Section 25 of the Hindu Marriage Act.9. Rejection of plaint pre-emption suit.10. The list of orders which are decree is not exhaustive.Orders which are not Decree1. An order rejecting an application for the leave to sue as an indigent person.2. An order of dismissal of suit for default.3. An order refusing stay.4. An order of setting aside rejection of plaint.5. An order passed in execution proceedings.6. An order for res judicata and law of limitation.7. The list of orders which are not decrees are not exhaustive.DIFFERENCE BETWEEN DECREE AND ORDER1. A judgment 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.2. Judgment has been defined under Section 2(9) of the Code of Civil Procedure, 1908. Decree stands defined under Section 2(2) of CPC, 1908.3. In the case of judgment, it is not necessary that there should be a formal expression of the order. In a decree, it is necessary that there should be a formal expression of an adjudication.4. Judgment is a stage prior to the passing of a decree or order. The decree is followed after the pronouncement of the judgment.5. Judgment is based upon the facts of the case. A decree is based upon the judgment.6. Judgment doesn’t have any kinds. Decree is of three types i.e. preliminary decree, final decree and partly preliminary and partly final decree.
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