Order
S 2(14) of CPC
An
order has been defined as the formal expression of any decision of a
civil court which is not a decree.
Difference
between decree and order.
Both
a decree and an order are adjudication by a civil court and both
relate to matters in controversy. However the following are six
points of distinction between the two:
1)
A decree is an adjudication which conclusively determines the rights
of the parties with regard to any or all matters in controversy;an
order on the other hand may or may not finally determine the rights
of parties.
2)
A decree can only originate from a suit that is proceeding commenced
by a plaint. An order may originate from a suit as well as from any
other proceeding commenced by an application.
3)Except
in certain suits where two decrees(one preliminary and the other
final) are passed, in every suit there is only one decree, whereas
many orders can be passed in a single suit.
4)
A first appeal always lies from a decree. However no appeal lies from
an order unless it is appealable order.
5)
While appealability is the rule and non-appealability is the
exception in the case of a decree,in the case of an order, it is just
the reverse.
6)
While in the case of a decree, an aggrieved person has the right to
second appeal,in an appealable order,he does not have such a right.
Affidavit
An affidavit is a declaration
of facts reduced to writing and sworn or affirmed before a person
having authority to administer oaths as for instance, a Magistrate or
a notary public.
An affidavit must contain
statements and not inferences and is always drawn up in the first
person.
Read important judgments on affidavit:
Litigant
A litigant is a party to a
lawsuit.
Plaintiff
A plaintiff is a person who
approaches a court of law by filing a suit or other legal proceeding
against another person called the defendant.He calls upon the court
to grant him certain reliefs listed in the plaint.
Plaint
A plaint is a statement of
claim. It is the document by which suit is instituted in a court.It
contains the grounds on which the assistance of the court is sought
by the plaintiff.It forms part of pleadings before the court.
Written
statement
A written statement is the
reply or defence of defendant in answer to the plaint of the
plaintiff.It constitutes the pleading filed by defendant.
Apart from a defence, the
court allows a defendant to claim a set off and counter claim in his
written statement.
Pleading
The term pleading as used in
the code refers to plaint or written statement.
Cause
of action
Cause of action has been
described as the “bundle of essential facts which it is necessary
for the plaintiff to prove before he can succeed.”It is the
foundation of the suit and must necessarily be antecedent to the
filing of suit. If plaint does not disclose a cause of action,it is
to rejected by the court.
Read important judgments on Cause of action:
Set-off
and counter claim
Set off is a defence
available to the defendant in his written statement by which he seeks
to wipe out or reduced the claim of plaintiff against him.
In the case of counter claim,
the defendant makes a cross claim against the plaintiff and this is
treated as plaint by defendant against the plaintiff.
Summons
A summons is a document
issued by the officer of the court calling upon the person to whom it
is directed to appear before the court or an officer of court for a
particular purpose on a stated date at a stated time.
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