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Difference between Judgment Decree and Order | Civil Procedure Code - YouTube
Channel: Finology Legal
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Whenever we read CPC or Civil Procedure Code 1908
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we find it very much tricky.
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And to tell the truth
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its also a very big headache.
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Because you not only have to keep in mind the Sections
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but also you have to keep in mind the Orders and Rules
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which only increases our difficulties.
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And it dose not end here.
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Besides this, there are some words and concepts
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under the CPC
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which only makes our understanding more difficult.
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Hello everyone! I am Vishwavardhan
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you're watching Finology Legal.
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And in today's video, we are going to talk about
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some such words, which you may think are confusing
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and the words that we are going to talk about are
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Order, Decree, and Judgment.
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We will find out the differences
between these three words.
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But before we start, I want to do an announcement
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that for you, we have prepared a very
a comprehensive course on CPC.
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Where we, about its Sections, Order, and Rules
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have explained it in very simple language
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which will increase your Civil Laws
understanding even more.
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So I request you to go to learn.finology.in
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and checkout this course.
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First let's understand that
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what are Judgment, Decree, and Order.
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Then we will know about their differences.
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For this, let's take a very simple example.
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For this, take your mind on a flashback
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and think that you are in a classroom.
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Where exams are going on and there's
a teacher in front of you.
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So before the exam starts, the teacher says that
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none of your children must try to cheat.
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Now did we used to believe this instruction
or not is another thing.
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But here, what the teacher said
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it was an Order, because it was
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given to regulate the exam process,
in a good way.
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After this, the next bomb,
which was dropped on us
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was the release of our answer sheets.
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Where we have, all the issues
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meaning all the questions that were there
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have given their answers, with their reasons.
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So this became a Judgment.
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Now on the basis of your Judgment or answer sheets
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we get our marks sheet.
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Where is was decided that
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are we going to get promoted to the next class
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or are we going to sit in this class
again for another year
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and will guide our juniors.
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So, we will call this
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our Decree, where our rights are being decided.
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I hope that now you have a general understanding
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about Order, Decree, and Judgment.
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So an Order is that a court passes on any proceeding
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to regulate it.
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Where in a Judgment
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the court answers all issues in it
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with the reasons.
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And in a Decree, there is a description about
the party's rights are given.
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See this was a simplistic approach
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about their defenses.
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But now, we will pay attention to some Essentials.
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See Essentials are those
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which makes an Order an Order, a Decree a Decree
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and a Judgment an Judgment.
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And these are given under the CPC
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that's why it's going to be a little technical
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so I want you to listen with a little attention.
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So to understand essentials
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the first word that we are taking here is Judgment.
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So see, the definition of Judgment
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you can find it in the section 2 (9) of CPC.
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Also with that
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Order 20 is given as the Provisions
regarding Judgment.
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And you will also find the essentials there.
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So the first essential says, that a Judgment should have
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Statement of Fact.
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This means that, the full story which has happened
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it should me mentioned briefly in a Lodgement.
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2nd Essentials is Point of Determination.
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Meaning, such questions
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which the court has to decide, on that particular case
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that should be in that Judgment.
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3rd point is that, the decision that the court has given
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whatever questions have risen up
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the courts decision on it should be mentioned.
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The 4th Essentials says that
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there should be a reason
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meaning, whatever decision the court has given
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is given why and on what basis
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that reason should be in that Judgment.
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Now after this, the second which comes is Decree.
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So see
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the definition of Decree is given in
the section 2 (2) of the CPC.
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With that, the provisions of the Decree
is given in the order 20.
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So the first essential
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of a Decree is Adjudication.
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The meaning of Adjudication is
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a case which is decided by the Judges
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or which is decided by the court
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that will be Adjudication.
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The 2nd point is
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Suit
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Meaning, that should be a Civil case
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and we call a civil case Suit.
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So a Decree is passed in a Suit
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meaning, it is passed in a Civil case.
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The 3rd point, which is a very important point.
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That is
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Rights of the parties
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meaning, a Decree is always describes
the Rights of the Party.
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So it is the 3rd point.
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The 4th point says about Conclusive determination.
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that means
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whichever rights are decided
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they are Conclusive determined
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that means
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everything is crystal clear now.
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And there is no doubt in it
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like this the court has decided that right.
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The 5th point is Formal Expression
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that means
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it should be in writing.
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So a Decree should be in writing
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as is the judgment.
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So I hope that
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you have understood the difference between
Judgment and Decree.
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Now let's come to the essentials of Orders.
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So see, you will find the definition of Order
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in section 2 (14) of the CPC.
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And its first essential says that
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Pronouncement of Civil Court.
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That means
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the order is pronounced by the Civil Court
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is given by the the Civil Court.
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Another meaning of it is that
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it is pronounced by the Civil Court
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then it should be a Civil case.
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And we call a Civil case Suit
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that means
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Suit is the essential of Decree
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and also the essential of Order.
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So here the 2nd point of Order says that
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it should not be a Decree.
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So as there is a Suit
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in that Order is passing and also Decree is passing
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so what is the difference in them?
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So see
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the difference is a very important point,
which we have seen in Decree
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it was that
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Decree determines the Rights of the Party
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that means it talks about the parties rights.
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In there if we talk about Order
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then, it dose not determines any parties rights.
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So this is a big difference between Order and Decree.
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And the last essential of Order
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it says that it should be a Formal Expression.
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That means
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it should be in writing.
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So these were the essentials of Order.
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And I hope that the difference is now clear to you
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between Decree and Order
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and in Order and Judgment.
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So to give Order a little bit more clarity
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let's take a simple example.
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Think that today I have been present
at the Court for some case.
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But I didn't go.
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So here, the court can pass an order against me.
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They will say that
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As Vishwavardhan is not present today
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that's why we are giving another date.
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But
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the next time when he presents himself
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he will heave to pay Rs-1000 as cost.
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So see here
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no parties rights are being determined here
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not mine, nor the plaintive
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who has filed the case against me.
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But this is a warning against me
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"Look Vishwavardhan, because of you
the court's proceedings are not going well"
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"that's why you must be present at the next hearing,
with the Rs-1000 fine."
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So this was a warning for me
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and for the Court it was an Order.
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Now at last, let's take another example
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through which, it will get completely clear for your
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that, what are Order, Decree, and Judgment.
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And this example is of the "Ayodhya Verdict".
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So see, in the Ayodhya case
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when the Trial Court said to the
Archeological Survey of India
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that you go the site and Excavate there
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and Investigate it.
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So this was an Order.
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So, are any of the both parties
Rights being decided here?
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No its not like that.
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And as the parties rights are not decided here
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that's why it's not a Decree, but an Order.
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Now the Trial Court has studied a lot of evidence
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and analyzed them.
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And on the basis of those evidence
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they made their decision.
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And we call this decision a Judgment.
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And now, do you know that
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how many pages did the Ayodhya Verdict have?
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So it was of 1045 pages.
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Yes! It was a 1045 pages Judgment.
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Now you think on your own that
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there is a party and they want to know
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that what are their rights, that they get.
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Do they need to reed that full 1045 pages Judgment?
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So no, absolutely not.
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After this comes the next document
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which is just like our mark sheet
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which we call a Decree.
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Here, only this is given there
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that
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which parties of that case got which rights
decided to them.
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So I hope that from this video
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you got a clarity in your concept.
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And also like this, in a simplistic way
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we have explained all the concepts
in our CPC course
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in a very simplistic language.
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So again, I am requesting you to
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go to learn.finology.in
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and make sure to check out this course of ours.
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And for all latest videos like this
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Share and subscribe to our YouTube channel
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and also like this video.
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With that you can follow us on Instagram
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@finologylegal
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