ORDER, JUDGEMENT AND DECREE

CONSENT DECREE: EX-PARTE DECREE – ORDER IX, RULE 6 : PARTIES' APPEARANCE AND NON-APPEARANCE: CORRECTION OF ERRORS IN JUDGMENT, ORDER, OR DECREE

WHAT IS A DECREE?

A decree in equity is a sentence or order of the court, pronounced after hearing and understanding all points in issue, and determining the rights of all parties to the suit, in accordance with equity and good conscience.

According to Section 2(2) of the C.P.C. 1908:

“Decree means the formal expression of an adjudication which, so far as 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. It may be final or preliminary. It shall be deemed to include the rejection of a plaint, the determination of any question within Section 144, and an order under Rules 60, 98, 99, 101, or 103 of Order XXI; 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.”

ESSENTIALS OF A DECREE:

Judicial determination of the issue in dispute
Must arise out of a suit
Determination of the rights of the parties
The matter must be in controversy
Rights must be conclusively determined
The decree must be formally expressed
Must not include appealable orders or dismissal for default

BAR TO FURTHER SUIT – SECTION 12(1):

Section 12(1) bars the institution of a further suit where the same cause of action is already pending before a court. This provision supports the doctrine of res judicata, which prohibits repeated trials of the same matter.

CANCELLATION OF DECREE OBTAINED THROUGH FRAUD – SECTION 12(2):

Final judgments, decrees, and orders are not absolute and may be challenged on grounds such as fraud, misrepresentation, or want of jurisdiction.

1994 MLD 1441:
With the insertion of Section 12(2) via Ordinance X of 1980, the right to challenge a decree through a separate suit was taken away. Such challenges must now be brought through an application before the same court that passed the judgment.

Grounds under Section 12(2):

i. Fraud
ii. Misrepresentation
iii. Want of jurisdiction

Limitation Period: 3 years (under Article 181 of the Limitation Act, 1908)

CONSENT DECREE:

A consent decree is a decree passed with the mutual agreement of the parties involved in the suit.

PLD 1961 Lah 823:
“Where a decree is passed in accordance with an adjustment, agreement, compromise, or satisfaction recorded under Order XXIII, Rule 3, it is termed as a consent decree.”

1989 SCMR 1826:
“By consenting to the settlement, the parties give up the right of appeal.”

Essentials of a Consent Decree – Order XXIII, Rule 3:

a) Agreement must be lawful and in writing
b) Must be between the same parties
c) Court must be satisfied with the compromise
d) Compromise must relate to the suit matter
e) The court must record the agreement

Appeal Barred – Section 96(3):

“No appeal shall lie from a decree passed by the court with the consent of parties.”

Exceptions:

An appeal may still be allowed in cases where:

A party denies entering into a compromise
The decree was obtained through fraud
The decree was beyond the scope of the agreement
There is no agreement at all
Court lacked jurisdiction
Mandatory requirements of O.23 R.3 were not met

PARTIES' APPEARANCE AND NON-APPEARANCE – ORDER IX

Key Provisions:

Rule 1: Appearance on the first date of hearing
Rule 2: Dismissal if plaintiff fails to pay required court fee/postage
Rule 3: Dismissal when neither party appears

If dismissed:

Plaintiff may file a fresh suit (subject to limitation), or
File an application for setting aside dismissal under Rule 4

EX-PARTE DECREE – ORDER IX, RULE 6

If the defendant fails to appear despite proper service of summons, the court may pass an ex-parte decree in favor of the plaintiff.

Remedies Against Ex-Parte Decree:

Application under Order IX, Rule 13:
- Ground: Summons not duly served
- Ground: Defendant was prevented by sufficient cause
Provisos:
- The whole decree is set aside, not just partially
- Decree not set aside if the court finds the defendant had prior knowledge
Review application – Section 114, Order XLVII Rule 1
Appeal – Section 96
Application under Section 12(2) for fraud
Application under Section 151 for violation of natural justice

Effects of Setting Aside Ex-Parte Decree:

i. Status quo ante is restored
ii. Trial continues de novo from the stage before ex-parte proceedings

WHAT IS AN ORDER? – SECTION 2(14)

“Order means the formal expression of any decision of a civil court which is not a decree.”

Comparison:

Decree [S. 2(2)]	Order [S. 2(14)]
Passed in a suit initiated by a plaint	May arise from plaint, petition, or application
Conclusively determines rights	May or may not determine rights
Can be final or preliminary	Cannot be preliminary
Usually one per suit	Can be many in a suit
Generally appealable	Only specific orders are appealable
Second appeal possible	No second appeal available

JUDGMENT – Definition & Announcement

“Judgment means the statement given by the judge on the grounds of a decree or order.”

Section 33 – Pronouncement of Judgment:

“The court, after hearing the case, shall pronounce the judgment, and a decree shall follow.”

Order XX Rule 1 – Timeframe:

Court shall fix a date (not exceeding 15 days) for arguments after evidence
Judgment must be pronounced within 30 days from conclusion of the hearing

General Features of a Judgment:

Self-contained
Unambiguous
Clear and logical reasoning
No vagueness or double interpretation
Includes cost directions
Written and signed as per court rules

Procedure for Announcement – Lahore High Court Rules (Vol. I, Chapter 2):

Written in court language or English
Each page signed by the presiding officer
Pronounced in open court
Dated and signed at the time of pronouncement
Contains reasons, findings, and cost direction
Once signed, cannot be modified—except under S. 152 or on review

CORRECTION OF ERRORS IN JUDGMENT, ORDER, OR DECREE

Order XX, Rule 3 – General Rule:

Once a judgment or decree is signed and pronounced, it cannot be altered—except as provided by law.

Exceptions:

a) Section 96 & 100: Appeal and second appeal
b) Section 114: Review
c) Section 151: Court may amend to express real intent
d) Section 152: Correction of clerical/arithmetical errors or accidental omissions

FINAL STATEMENT

The legal journey of a civil case progresses through critical stages—from the filing of a plaint to the final decree and judgment. Understanding the legal definitions, procedures, and remedies related to decrees, orders, ex-parte judgments, and consent decrees is essential for legal practitioners and students alike. These provisions not only safeguard the rights of parties but also ensure fair and efficient dispensation of justice. The CPC, through its structured procedures and remedies, aims to balance procedural discipline with substantive fairness, thereby upholding the rule of law and due process in civil litigation.