Order
An order is the formal expression of any decision of a civil court which is not a decree, typically dealing with procedural or interlocutory matters during the course of a suit.
What is an Order?
An **order** is the formal expression of any decision of a civil court that is **not a decree**. While a decree conclusively determines the rights of the parties on the merits of the suit, an order typically deals with procedural, interim, or interlocutory matters that arise during the course of litigation. Orders regulate the conduct of proceedings, address applications by parties, and manage the case as it moves toward final adjudication.
In simple terms, throughout a court case, numerous decisions must be made before the final verdict — granting or refusing adjournments, allowing or rejecting applications for interim relief, deciding on procedural questions, permitting amendments to pleadings, and so on. Each of these decisions, when formally expressed by the court, is an **order**. The final decision that disposes of the suit on merits is a **decree**.
Legal Framework
Section 2(14) of the Code of Civil Procedure, 1908
Section 2(14) CPC defines an order as:
> "Order means the formal expression of any decision of a civil Court which is not a decree."
This is a residuary definition — any formal court decision that does not qualify as a decree under Section 2(2) is an order.
Key Distinguishing Provisions
- **Section 2(2) CPC (Decree):** A decree conclusively determines the rights of parties regarding matters in controversy. An order does not necessarily do so.
- **Section 104 CPC:** Lists the orders from which an appeal lies under the CPC. Not all orders are appealable.
- **Order 43 CPC:** Specifies the interlocutory orders against which an appeal is available. Only the orders listed here are appealable as orders.
- **Section 115 CPC:** Provides for revision by the High Court against orders in cases involving jurisdictional error, where no appeal lies.
How an Order Differs from a Decree
The distinction between an order and a decree is one of the most frequently tested concepts in Indian civil procedure.
| Feature | Decree | Order |
|---------|--------|-------|
| **Definition** | Section 2(2) CPC | Section 2(14) CPC |
| **Nature** | Conclusively determines rights of parties | May or may not determine rights |
| **Scope** | Relates to matters in controversy in the suit | May relate to procedural or substantive matters |
| **Follows** | Must follow a judgment (Section 33) | Need not follow a judgment |
| **Number per suit** | One (or at most two — preliminary and final) | Multiple orders in a single suit |
| **Appealability** | Always appealable (Section 96) | Appealable only if listed in Order 43 or Section 104 |
| **Execution** | Always executable | Generally not independently executable |
Types of Orders
1. Interlocutory Orders
These are orders made during the pendency of a suit, dealing with interim or procedural matters. They do not dispose of the suit finally.
**Common examples:**
- Orders granting or refusing **temporary injunctions** (Order 39).
- Orders for **appointment of a receiver** (Order 40).
- Orders on applications for **amendment of pleadings** (Order 6 Rule 17).
- Orders for **discovery and inspection** of documents (Order 11).
- Orders granting or refusing **adjournments**.
2. Final Orders
Some orders, though technically not decrees, dispose of the matter finally. For example:
- An order **rejecting an application** under Order IX for setting aside an ex-parte decree.
- An order in **execution proceedings** that finally determines a question between the parties.
3. Procedural Orders
Orders that manage the court's proceedings:
- Fixing dates of hearing.
- Directing filing of documents.
- Orders relating to the appointment of commissioners.
- Orders regarding costs.
4. Conditional Orders
Orders that impose conditions — for example, ordering a party to deposit a certain amount as a condition for granting stay of the decree.
Appealability of Orders
One of the most important practical questions about orders is whether they can be appealed.
Orders Appealable under Order 43 Rule 1 CPC
Only specific orders are appealable, including:
- **(a)** Order granting or refusing to grant leave to appear and defend a summary suit (Order XXXVII).
- **(c)** Order refusing to set aside ex-parte decree (Order IX Rule 13).
- **(r)** Order granting or refusing temporary injunction (Order 39 Rules 1 and 2).
- **(s)** Order granting or refusing appointment of receiver (Order 40).
- **(t)** Order granting or refusing amendment of pleadings (Order 6 Rule 17).
Orders Not Appealable
Many orders are expressly non-appealable. For example:
- **Order of adjournment** — generally not appealable.
- **Order refusing to condone delay** — may be challenged through revision under Section 115 CPC.
- **Administrative or procedural orders** — typically not appealable.
Revision under Section 115 CPC
Where no appeal lies against an order, the aggrieved party may seek **revision** before the High Court under Section 115 CPC if the subordinate court has exercised jurisdiction not vested in it, failed to exercise jurisdiction vested in it, or acted illegally or with material irregularity.
Practical Examples
**Example 1:** During a suit for recovery of money, the defendant applies for adjournment because their advocate is unavailable. The judge grants a two-week adjournment. This is an **order** — it does not determine the rights of the parties but manages the proceeding.
**Example 2:** In a property dispute, the plaintiff applies for a temporary injunction to restrain the defendant from constructing on the disputed land. The court passes an order granting the temporary injunction under Order 39 Rule 1 CPC. This is an appealable **order** — it does not finally decide the suit but grants interim relief.
**Example 3:** After an ex-parte decree is passed against Renu, she applies under Order IX Rule 13 to set it aside, arguing she never received the summons. The court rejects her application. This rejection is an **order** (not a decree), and it is appealable under Order 43 Rule 1(c) CPC.
When Does This Term Matter?
- **Challenging court decisions** — Knowing whether a decision is a decree or an order determines the remedy available. Decrees are appealed under Section 96, while orders may be appealed under Order 43 or challenged through revision under Section 115.
- **During litigation** — Litigants encounter orders at virtually every stage. Understanding which orders can be challenged immediately and which must wait until the final decree is important for litigation strategy.
- **Costs and conditions** — Courts frequently impose costs or conditions through orders, such as requiring a party to deposit money or comply with certain directions as a prerequisite for further relief.
- **Execution proceedings** — While most orders are not independently executable, orders in execution proceedings under Order XXI CPC may determine rights and be treated as decrees for appellate purposes.
- **Limitation periods** — The Limitation Act prescribes different periods for filing appeals against orders depending on the type of order and the court that passed it. Under Article 116 of the Limitation Act, the period for appealing an order is generally 30 days from the date of the order.
Frequently Asked Questions
Can every court order be appealed?
No. Unlike decrees, which are generally always appealable under Section 96 CPC, orders are appealable only when specifically provided for. Order 43 Rule 1 CPC lists the orders that are appealable. For orders not listed therein, the aggrieved party may seek revision under Section 115 CPC before the High Court, or in some cases, invoke the court's inherent powers under Section 151 CPC. The key principle is that there is no inherent right of appeal against all orders.
What is the difference between an interlocutory order and a final order?
An interlocutory order is one that does not finally dispose of the rights of the parties — it is an interim or procedural decision made during the course of the suit. A final order conclusively determines a question, even though it may not qualify as a decree. The distinction is important because in many contexts, only final orders (or orders that affect rights) can be challenged through appeal or revision, while purely interlocutory orders may need to wait until the final decree is passed.
Can an order be converted into a decree?
An order itself cannot be "converted" into a decree, but certain orders are deemed to be decrees by law. For example, the rejection of a plaint under Order VII Rule 11 is expressly deemed a decree under Section 2(2) CPC. Similarly, certain orders in execution proceedings that finally determine a question of right between the parties are treated as decrees for the purpose of appeal. The characterization depends on the substance and effect of the decision, not merely its label.
What should I do if the court passes an unfavourable order?
First, obtain a certified copy of the order. Consult your advocate about whether the order is appealable under Order 43 CPC. If it is, file an appeal within the prescribed limitation period (typically 30 days). If no appeal lies, consider whether the order can be challenged through revision under Section 115 CPC or through a writ petition under Article 226 or 227 of the Constitution. In some cases, you may need to wait until the final decree and challenge the order as part of the appeal against the decree itself.
Disclaimer: This glossary entry is for informational purposes only and does not constitute legal advice.
Related Legal Terms
Decree
A decree is the formal expression of an adjudication by a civil court which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit.
Judgment
A judgment is the statement given by a judge of the grounds for a decree or order, containing the court's findings on facts, the legal reasoning applied, and the final decision in a case.
Stay Order
A stay order is a court directive that temporarily suspends or halts the execution of a decree, order, or legal proceeding, maintaining the status quo until the court decides the matter further.
Adjournment
An adjournment is the postponement of a court hearing or proceeding to a future date, granted by the court either on its own motion or at the request of one or both parties.
Injunction
An injunction is a court order that directs a party to do or refrain from doing a specific act, used to preserve rights and prevent irreparable harm during or after litigation.