In the Civil Procedure Code (CPC), 1908, an Order refers to a formal expression of a decision made by a civil court that is not a final judgment on the entire case. Here's a breakdown of the key points about Orders:
Distinction from Decree:
- The CPC differentiates between Orders and Decrees.
- A Decree is a formal expression that conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the lawsuit. It marks the final settlement of the case.
- An Order, on the other hand, deals with specific aspects of the lawsuit or addresses procedural matters that arise during the course of the case.
Examples of Orders:
- Ordering the issuance of a summons to the defendant.
- Granting or denying an application for adjournment (postponement) of a hearing.
- Directing a party to produce certain documents as evidence.
- Imposing costs on a party for breaching court rules.
- Ordering an attachment of property before judgment.
Characteristics of Orders:
- Orders are typically issued at an intermediate stage of the lawsuit.
- They may be passed orally or in writing, depending on the court's practice and the specific Order.
- Some Orders, however, may be appealable to a higher court if they significantly affect the rights of a party.
Importance of Orders:
- Orders play a crucial role in managing the progress of a lawsuit and ensuring a fair and efficient legal process.
- They help maintain order in the courtroom, ensure both parties have a chance to present their case, and facilitate the gathering of evidence.
Additional Notes:
- The CPC includes various provisions outlining different types of Orders that can be issued by courts under specific circumstances.
- Understanding the distinction between Orders and Decrees is essential for navigating the civil litigation process.
I hope this explanation clarifies the concept of Orders under the Civil Procedure Code, 1908.
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