Civil Court Structure
Disputes relating to property, breach of contracts, wrongs committed in money transactions, minor omissions etc., are categorized as civil wrongs and could be subject to a civil process. In such cases civil suits should be instituted by the aggrieved persons. Courts of law administer justice by considering the nature of the wrong done.
Civil wrongs are redressed before civil courts by granting injunctions or by payment of damages or compensation to the aggrieved party. Every suit should be instituted before the court of lowest jurisdiction. In the civil side the Munsiff's Court is the court of lowest jurisdiction. If the value of the subject matter of the suit is worth rupees one lakh or below, the Munsiff's Court is the competent court to try the suit. If the value exceeds above rupees one lakh the suit should be filed before the Subordinate Judge's Court (Sub Court).
An appeal from the decision of the Munsiff court is filed before the District Court. Appeals from the decisions of the Sub Court are filed before the District Court if the subject matter of the suit is valued up to rupees two lakhs. If the value is above rupees two lakhs, the appeal should be filed before the High Court and next to the Supreme Court.
An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies (a) that the case involves a substantial question of law of general importance; and (b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.
Decree, Judgment and Order
Judges after going through the pleadings and oral arguments of the parties pronounce judgments or order. CPC provides a clear distinction between order, judgments and decrees. These terms have distinct meanings.
Section 2(2) of Civil Procedure Code (CPC) defines the term decree as the formal expression of an adjudication which so far regards, the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within Section 144, but shall not include: (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default.
There is an explanation to it: A 'decree' is preliminary when further proceedings have to be taken before the suit can be completely disposed of the suit. It may be partly preliminary and partly final. A decree must be drawn separately after a judgment.
Section 2(9) of CPC defines a judgment as the statement given by a judge of the grounds of a decree or order. A distinction can be made between a decree and a judgment. It is not necessary for a judge to give a statement in a decree whereas it is necessary in a judgment. A judgment contemplates a stage prior to the passing of a decree or an order and after the pronouncement of the judgment, a decree shall follow.
Section 33 of CPC defines an order as a formal expression of any decision of a civil court which is not a decree. In other words, the adjudication of a court which is not a decree is an order. Stated differently, the adjudication of a court of law may either be (a) a decree; or (b) an order and cannot be both. There are some common elements in both of them, for instance, (i) both relate to matters in controversy; (ii) both are decisions given by a court; (iii) both are adjudications of a court of law; and (iv) both are formal expressions of a decision.
Differences between Decree and Order
- A decree can only be passed in suit, whereas an order may originate from a suit.
- A decree is an adjudication conclusively determining the rights of the parties with regard to all or any of the matters in controversy where an order may or may not finally determine such rights.
- A decree may be preliminary or final, but there cannot be a preliminary order.
- Every decree is appealable, unless otherwise expressly provided but every order is not appealable. Only those orders are appealable as specified in the code.