A judgment is defined under Section 2(9) of the Civil Procedure A decree is defined under Section 2(2) of the Civil

2(2) of the Civil Procedure Decrees are broadly classified into three types: Preliminary, Final, The concept of interest under the Civil Procedure Code (CPC), the execution of a decree can be carried out by two categories of
Code, 1908, as the statement given by a judge on the grounds of a Code, 1908 as the formal expression of an adjudication which and Partly Preliminary and Partly Final. A preliminary decree 1908) is governed by Section 34, which empowers a court to courts: the Court which passed the decree and the Court to which the
decree or order. In simple terms, it is the formal expression of a judicial conclusively determines the rights of the parties with regard to all or decides the rights of the parties but leaves the actual relief or action grant interest in money decrees. Interest is the compensation decree is transferred for execution. This is governed by Section 38 of the
decision that explains the reasoning behind the conclusion arrived at by any of the matters in controversy in the suit. A decree is always based to be determined in further proceedings, such as in partition suits or allowed by law or fixed by the parties for the use or detention of CPC, which states that a decree may be executed either by the court
the court. It forms the basis of a decree and reflects the adjudication of on a judgment. It can either be preliminary, final, or partly both. It administration suits. A final decree completely disposes of the suit money. Section 34 provides that where a decree is for the which passed it or by a court to which it is sent for execution. The court
the rights and liabilities of the parties involved in a case. The essentials must arise out of a suit and must be adjudicated by a civil court. An and is executable. A decree may be partly preliminary and partly payment of money, the court may order interest at a reasonable which passed the decree includes not only the original court of first
of a valid judgment include a clear statement of facts, points for order or determination made outside the ambit of a suit does not final when one part of the suit is conclusively decided while another rate to be paid on the principal sum adjudged, from the date of
instance but also the appellate court where a decree is passed in appeal,
determination, the decision thereon, and reasons for such decision. constitute a decree. The key idea behind a decree is that it gives a part requires further proceedings. These distinctions help courts the suit to the date of the decree (known as pendente lite interest),
According to Order XX Rule 4 of the CPC, a judgment must be self- legally binding and enforceable conclusion to a dispute brought manage complex cases efficiently. Contents of a Decree The and further interest from the date of the decree to the date of as per Section 37. The expression "court which passed the decree" is
contained and precise, laying out the entire thought process of the judge before the court. Essentials of a Decree To be valid, a decree must contents of a decree must include the case number, names of payment (called post-decree interest), not exceeding 6% per interpreted broadly to include situations where jurisdiction changes, or
in resolving the [Link] pronouncement of judgment is dealt with satisfy certain essential elements. Firstly, there must be a formal parties, description of the court, date of judgment, and the exact annum unless the case involves a commercial transaction. In courts cease to exist, in which case the successor court is considered
in Order XX Rule 1, which mandates that a judgment must be adjudication by a court. Secondly, the adjudication must be made relief granted. It must also specify costs, if any, and whether interest commercial cases, the interest can be at a rate not exceeding the competent to execute the decree. When a decree is to be executed outside
pronounced in an open court soon after the hearing is concluded, and in a suit initiated by a presentation of a plaint. Thirdly, the decree is payable. The decree must clearly and unambiguously reflect the contractual rate, or if no rate is fixed, the rate at which moneys the jurisdiction of the original court—for example, when the judgment-
within 30 days (extendable to 60 days with reasons). The contents of a must conclusively determine the rights of the parties with regard judgment’s conclusions and must not introduce any new terms. In are lent by nationalized banks. Interest prior to the filing of the debtor resides or has property in another location—the decree-holder
judgment include a heading, case number, names of the parties, date of to the subject matter of the suit. This determination must be formal complex matters, courts may also annex a schedule or map to clarify suit (pre-suit interest) is not governed by Section 34 but can be can file a request under Section 39 CPC to transfer the decree to a
hearing, issues framed, discussion of evidence, findings, and the final and written. Importantly, a mere procedural direction or interim the decision, especially in property or partition suits. The decree must awarded based on contract, usage, or substantive law like the competent court having territorial or pecuniary jurisdiction over the area
decision or relief granted. It must be signed and dated by the judge. finding is not a decree unless it resolves a core issue conclusively. A be signed and sealed by the judge to attain legal validity. Decree in Interest Act, 1978. The object of awarding interest is to ensure where execution is to be enforced. The transferee court then has the same
Once pronounced, a judgment can only be altered or amended under decree must also be capable of execution, thereby giving it legal Particular Cases In some special or complex suits, such as those fairness and compensate the party for the loss of use of money. powers as the original court for execution purposes. Moreover, Section
limited circumstances as per Section 152 and 153 of the CPC — enforceability. The drawing up of a decree is governed by Order involving partition, administration, redemption of mortgage, Courts have discretionary power in granting interest, and this 42 gives the transferee court full authority to execute the decree,
primarily to correct clerical or arithmetical mistakes or accidental slips XX Rule 6 of the CPC. Once a judgment is pronounced, a decree accounts, or dissolution of partnership, the court may pass discretion must be exercised judiciously. In landmark cases such
including ordering arrest, attachment, or sale. Thus, the CPC provides a
or omissions. Substantive changes are not permitted after must be drawn up by the court office based on the judgment. The preliminary decrees, allowing the actual execution to be settled later. as T.N. Electricity Board v. N. Raju Reddiar (1996), the Supreme
flexible and comprehensive mechanism allowing decrees to be executed
pronouncement, unless appealed or reviewed under the procedure decree must be prepared accurately and must not go beyond the For example, in a partition suit, the court may pass a preliminary Court clarified that awarding interest under Section 34 must
prescribed. Thus, a judgment stands as a vital legal document, ensuring scope of the judgment. It should reflect the relief granted, costs decree declaring shares and then a final decree dividing the property. balance equity, contract terms, and statutory limits. efficiently across jurisdictions through cooperation between courts.
transparency, accountability, and fairness in judicial proceedings. awarded, and execution direction, if any. Both parties are entitled In mortgage suits, the decree may provide time for payment before
to inspect the draft decree, and in case of objections, the court can foreclosure. In money suits, the decree must specify the amount to
be approached for correction. Once finalized, the decree is sealed be paid and interest terms. The nature of the decree thus depends on
and signed by the judge. the character of the suit and the relief claimed.

Mode of Execution The modes of execution of a decree are Stay of Execution A stay of execution means temporarily
Payment under a decree refers to the fulfillment or Application for Execution Under the Civil Procedure Code,
detailed under Order XXI of the CPC. Depending on the nature halting the enforcement of a decree or order, and it is
satisfaction of the obligations imposed by a court decree, 1908, once a decree is passed, the decree-holder must take steps governed primarily by Order XXI Rule 26 and Rule 29 of
typically involving the payment of money by the judgment- to enforce or execute the decree. This is done by filing an of the decree, a court may employ various legal mechanisms to
the CPC, along with Section 151 (inherent powers of the
debtor to the decree-holder. This process is primarily governed Application for Execution under Order XXI Rule 10. The decree- enforce it. For money decrees, execution may be carried out by
court). A court may stay execution on certain valid
by Order XXI of the Civil Procedure Code, 1908, which deals holder can apply to the court that passed the decree or to another attachment and sale of the property, garnishee orders, or arrest
grounds—commonly during the pendency of an appeal,
with the execution of decrees. A judgment-debtor may Appeals by Indigent Persons The CPC, 1908, provides a court which has jurisdiction over the judgment-debtor or the and detention of the judgment-debtor in civil prison (in rare when a review application is filed, or when it appears that
Appeals to the Supreme Court of India are governed by Articles
voluntarily comply with the decree by making the payment 132 to 136 of the Constitution of India and Sections 109 and 112 mechanism for appeals by indigent persons under Order XLIV, property concerned. The application must include essential cases). For decrees of possession, the court can enforce execution the decree is wrongly passed or that hardship would
directly to the decree-holder or depositing the decretal amount of the Civil Procedure Code, 1908 (CPC). These appeals are which extends the benefit of suing in forma pauperis (without details such as the decree number, parties' names, mode of by removing the judgment-debtor from the property and placing result. Rule 26 allows a court that passed the decree to
in court. Under Rule 1 of Order XXI, a judgment-debtor is usually made against judgments, decrees, or final orders passed by paying court fees) to the appellate stage. A person who was execution sought, amount due, and details of any assets to be the decree-holder in possession. If it’s a decree for a specific stay its execution for a reasonable time to enable the
entitled to make payment into the court that passed the decree, the High Court in civil proceedings. An appeal lies to the Supreme permitted to sue as an indigent person in the trial court can attached. The limitation period for filing an execution petition is performance or injunction, the court can enforce compliance or judgment-debtor to apply for relief (such as appeal). Rule
and upon such payment, the court shall issue notice to the Court under Section 109 CPC only if the High Court certifies under continue the appeal without paying court fees, subject to the even authorize a third party to perform the act. Decrees for 29 applies when a suit is pending in the same court and
12 years from the date the decree becomes enforceable, as per
decree-holder. If the decree-holder accepts the amount, the Article 134A that the case involves a substantial question of law of court’s satisfaction that their financial condition remains restitution of conjugal rights or maintenance are enforced involves the same parties and issues. Importantly, Order
payment is considered valid, and a satisfaction of decree is Article 136 of the Limitation Act, 1963. If the decree is not
general importance, and that it is fit for appeal to the Supreme unchanged. If the appellant was not declared indigent during differently, typically through wage garnishment or periodic XLI Rule 5 also provides for a stay in appellate courts
recorded. In case payment is made outside court, it must be executed within this period, it becomes time-barred. The
Court. This certificate is often referred to as a certificate of fitness. the trial but claims indigency at the appellate stage, they must enforcement applications. The court must select a mode of during appeals, but only if the court is satisfied that
proved and certified under Rule 2 of Order XXI to ensure legal application must be in writing and signed by the decree-holder or
Additionally, the Supreme Court has discretionary powers under file an application along with the memorandum of appeal, execution that is appropriate to the nature of the decree and substantial loss may result to the appellant unless the stay
acknowledgment. Failure to certify such payment may cause providing details of their assets and income. The court may their authorized agent. Once filed, the court issues a notice to the is granted, and the application is made without undue
Article 136 to grant special leave to appeal (SLP) in any matter, proportionate to the remedy sought. The court may also combine
the court to disbelieve the claim of payment during execution including civil cases, even where no appeal lies as of right. This conduct an inquiry under Order XXXIII Rule 1-A (read with judgment-debtor to show cause why the decree should not be delay. A stay may be conditional, such as upon the
proceedings. The certificate of payment issued by the court acts executed. If there is no compliance or sufficient cause shown, the multiple modes if necessary for effective enforcement. These
provision ensures that the Supreme Court can correct grave Order XLIV) to determine whether the person qualifies for furnishing of security. If a stay is violated, it may lead to
as strong evidence that the decree has been complied with. In such status. If accepted, the appellant is exempted from paying court proceeds to execute the decree. Thus, an execution provisions ensure that civil judgments are not merely symbolic contempt or legal consequences. The object of granting a
injustice or legal misinterpretation, serving as the court of last
the absence of voluntary compliance, the decree-holder can the prescribed court fees, and the appeal proceeds like any application is a vital step for converting a judgment into a tangible but practically realizable. Execution, being a procedural stay is to prevent injustice, avoid multiplicity of
resort. The procedural aspects of such appeals are governed by the
apply for execution through various legal modes such as Supreme Court Rules, 2013. The jurisdiction of the Supreme Court other. However, if the appeal is frivolous or lacks merit, the remedy, ensuring the decree-holder’s legal rights are actually mechanism, is meant to translate a judicial declaration into a proceedings, and balance the rights of both parties during
attachment of property, arrest and detention of the judgment- in civil appeals is limited to significant legal issues and court may reject the application. The aim of this provision is enforced. concrete result—either possession, payment, or performance. ongoing litigation.
debtor, or garnishee proceedings. Courts encourage voluntary constitutional matters, and it does not typically interfere with to uphold the principles of access to justice and equality before
payment under decree to avoid the cost, delay, and coercion concurrent findings of fact by lower courts unless there is a the law, ensuring that no person is denied the right to appeal
involved in execution proceedings. Thus, payment under miscarriage of justice. Appeals to the Supreme Court thus provide due to poverty. Even if an appeal by an indigent person is
decree is a crucial aspect of ensuring the effective enforcement a constitutional safeguard for litigants where substantial legal accepted, the opposing party may be awarded costs if the
of judicial decisions and the realization of legal rights. principles are at stake, and ensure uniformity and consistency in appeal fails. This provision reflects a humanitarian aspect of
the interpretation of the law across the country. the civil procedure law and aligns with the broader
constitutional values enshrined in Article 39A, promoting
legal aid and justice for all irrespective of economic condition.

Appeals from Original Decrees (First Appeal) An appeal Appeals from Appellate Decrees (Second Appeal) Appeals Appeals from orders are specifically provided under Section
from an original decree is commonly known as the First from appellate decrees, also known as Second Appeals, are 104 and Order XLIII Rule 1 of the CPC. Not every order is
Appeal, and it is governed by Sections 96 to 99-A and Order governed by Section 100 to Section 103 of the Civil Procedure appealable—only those enumerated under this section and the
XLI of the Civil Procedure Code, 1908. A first appeal lies Code. A second appeal lies to the High Court from a decree rules can be challenged. These are known as appealable orders,
against a decree passed by any court exercising original passed in appeal by a subordinate court. However, unlike the and they usually include significant interim decisions like
jurisdiction. It may be filed by a party aggrieved by the first appeal, the scope of a second appeal is limited strictly to orders rejecting a plaint, granting or refusing injunctions,
judgment and who believes there has been a legal or factual substantial questions of law. The appellant must explicitly deciding questions of jurisdiction, or rejecting an application
error. It can be made on questions of law, questions of fact, or formulate such a question, and the High Court must be for setting aside an ex parte decree. Section 104 states that no
both. The first appeal is a substantial remedy, as the appellate satisfied that it exists before proceeding. Section 100(5) appeal shall lie from any order except those specified therein,
court has the authority to reappreciate the entire evidence and mandates that the appeal must state the substantial question of ensuring that routine or procedural orders do not result in
may affirm, reverse, or modify the decree passed by the trial law involved, and Section 101 prohibits a second appeal unless unnecessary delay of proceedings. The appeal from an order is
court. The right to appeal is a statutory right and not an inherent it involves such a question. This restriction ensures that second generally made to the same court that would hear an appeal
one; hence, it can only be exercised when expressly provided appeals are not misused to reopen findings of fact that have from the decree in the suit. Unlike appeals from decrees,
for by law. However, no appeal lies from a consent decree already been scrutinized by two lower courts. The High Court appeals from orders are restricted in scope and often lie only on
under Section 96(3). Further, Section 96(4) provides for may, under Section 103, decide any issue of fact necessary for questions of law. These provisions serve to protect parties from
appeals even from ex parte decrees. The first appellate court is the disposal of the second appeal, provided the evidence is grave prejudice or miscarriage of justice resulting from interim
empowered to take additional evidence or require the trial sufficient. The aim is to maintain judicial efficiency and avoid or procedural decisions, while also ensuring that litigation
court to do so under Order XLI Rules 27 and 28. This form of unnecessary litigation over settled matters of fact, while still proceeds without excessive interruptions. Appeals from orders
appeal acts as a vital corrective mechanism against judicial allowing correction of legal misinterpretations or procedural are a crucial part of the appellate structure, acting as checks on
errors made in the original proceedings. injustice at the appellate stage. arbitrary or erroneous interim decisions during trial.