What is an Order? What are the differences and similarities between an order and decree?

 Answer:- 

Definition of an Order:- Order means the formal expression of any decision of a Civil Court which is not a decree.[Section 2 (14) of Code of Civil Procedure].

Following are held to be  an Orders:-

(a) Awards under Section 26 of the Land Acquisition Act.

(b) Order under Section 98 of the Representation of People Act.

Following are held to be not an Orders:-

Award of Debt Board under Hyderabad Agricultural Debtors Relief Act is is not an Order.

Difference between Order and Decree:

There is a distinction between two expressions:

(1) When a decision is a decree, then unless expressly or otherwise provided:

(i) a first appeal invariably lies therefrom;

(ii) a second appeal also lies on the grounds mentioned in Section 100 Code of Civil Procedure Code.

But when an adjudication is an order: (i) no appeal lies therefrom unless it is one of the 'appealable orders' specified in Section 104, C.P.C. and (ii) no second appeal lies in any case. 

(2) The definition of  'order' as the formal expression of any decision of a Civil Court which is not a decree clearly points out the distinction between the decree and an 'order'.

(3) A decree may be either preliminary or final but there is no such distinction in relation to orders.

(4) A decree finally determines the rights of parties to the suit but an order may or may not finally determine the rights of the parties.

(5) A decree originates from a suit filed by the plaintiff but an order may be made on an application.

Similarities between an Order and Decree-

There any many similarities between the two which may be enumerated as follows:

(i) Both are given by the Court.

(ii) Both are formal expression of the Court.

(iii) Both regard with matters in controversy.

(iv) Both are made in accordance with the provision of the Code.