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What is the main difference between an 'order' and a 'decree' under the CPC, in terms of appealability?
Answer & Solution
Correct answer: A.
1. The ICSI text gives the key distinction: 'In an adjudication which is a decree, **appeal lies and a second appeal also lies on the grounds mentioned in Section 100 of CPC**.'
2. '**However, no appeal lies from an order unless it is expressly provided under Section 104 and Order 43 Rule 1**.'
3. '**No second appeal lies in any case even in case of appealable orders [Section 104(2)].**'
4. A decree conclusively determines the rights and liabilities of the parties; an order is the formal expression of any decision of a Civil Court which is NOT a decree.
5. A decree may be either preliminary or final; this is not the case in order.
_Source: ICSI CS Executive — Lesson 8, distinction between order and decree, p. 177._
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