A decree is the formal expression of a court's adjudication of the rights of parties in a civil suit. Defined in Section 2(2) of the Code of Civil Procedure, 1908, a decree conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit, and, crucially, is the document against which appellate remedies lie.
Decrees differ from mere orders: an "order" under the CPC is the formal expression of any decision that is not a decree. Not every court pronouncement is a decree. A judgment is the statement by the judge of the grounds of the decree; the decree is the formal order that follows from the judgment.
Decrees are classified as: , Preliminary (determining rights but leaving further proceedings, e.g. in a partition suit) , Final (fully disposing of the suit) , Partly preliminary and partly final
For execution purposes, only a decree (not an order) is executable under Order XXI of the CPC. This is why distinguishing decree from order matters: some interlocutory reliefs that look decree-like are technically orders, and execution requires the decree.
Drawing up the decree, the formal paperwork after judgment, is a registry task that can take weeks. Advocates should follow up actively; execution cannot begin until the decree is formally drawn.
