Order

📘 Short Notes on Order in Civil Procedure Code & Limitation Act

1. Definition under Civil Procedure Code, 1908

According to Section 2(14) of the Civil Procedure Code, 1908, an Order is the formal expression of any decision of a civil court which is not a decree.

2. Characteristics of an Order

• Formal expression of a decision of a court
• Does not conclusively determine the rights of the parties
• Can be either appealable or non-appealable
• May arise during the course of a suit or independent of it

3. Types of Orders

• Appealable Orders – Specified under Order 43 Rule 1 CPC
• Non-Appealable Orders – Cannot be appealed unless substantial injustice is proved

4. Difference between Order and Decree

• Decree conclusively determines rights; Order may not
• Decree is passed in suits only; Order can arise in various proceedings
• Every decree is appealable; only specific orders are appealable

5. Limitation Act, 1963 and Orders

The limitation period to file an appeal against an order depends on the nature of the order:

• Appeal to High Court: 90 days (Article 116 of Limitation Act)
• Appeal to other courts: 30 days (Article 117)

✅ Note:

While orders do not always result in final adjudication, their timely appeal is crucial to prevent waiver of rights.