Shah Babulal Khimji v Jayaben D. Kania (1981)

CPC & Limitation Act · Execution of Decrees — Modes, Attachment & Sale (ss.36–74, O.21)

Facts.

The case turned on whether a particular order of a single judge was a “judgment” so as to be appealable under the Letters Patent.

Issue.

How are judgment, decree and order to be distinguished for the purpose of appealability?

Held.

The Court explained the concepts at length: a decree conclusively determines rights and is generally appealable; an order is a decision that is not a decree and is appealable only where the Code allows; a “judgment” is a decision affecting the merits by determining some right or liability.

Why it matters.

It is the classic authority for the decree/order distinction that drives which remedy is available.

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