Law Notes Dynamo: Section 2: Definitions in CPC

Code of Civil Procedure Section 1. Short title, commencement and extent.

2. Definitions.—

In this Act, unless there is anything repugnant in the subject or context,—

(1) “Code” includes rules;

(2) “decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within ¹*** Section 144, but shall not include—

(a) any adjudication from which an appeal lies as an appeal from an order, or

(b) any order of dismissal for default.

Explanation.—A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final;

Note: 1***: The words and figures “section 47 or” omitted by s. 3, ibid., (w.e.f. 1-2-1977).

It is the formal expression of an adjudication. It conclusively determines the rights of parties. A decree may be either preliminary or final.

A decree is preliminary when a further procedure has to be taken before the suit can be completely disposed off. When adjudication completely disposes of the suit such decree is final.

It may be noted that the term decree doesn’t include the following:

(a) Any adjudication from which an appeal lies as an appeal from an order or

(b) Any order or decision of the dismissal of the suit for default.

A decree must be drawn separately after a judgment.

Deemed Decrees: A deemed decree is one which, though not fulfilling the essential features of a decree as required by the Code has been expressly categorised as a decree by the legislature. The rejection of a plaint and the determination of questions of facts are deemed decrees.

(3) “decree-holder” means any person in whose favour a decree has been passed or an order capable of execution has been made;

(4) “district” means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a “District Court”), and includes the local limits of the ordinary original civil jurisdiction of a High Court;

²[(5) “foreign Court” means a Court situate outside India and not established or continued by the authority of the Central Government;]

Note 2: Subs. by Act 2 of 1951, s. 4, for clause (5).

(6) “foreign judgment” means the judgment of a foreign Court;

(7) “Government Pleader” includes any officer appointed by the State Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader and also any pleader acting under the directions of the Government Pleader;

³[(7A) “High Court” in relation to the Andaman and Nicobar Islands, means the High Court in Calcutta;

(7B) “India”, except in sections 1, 29, 43, 44, ⁴[44A,] 78, 79, 82, 83 and 87A, means the territory of India *[excluding the State of Jammu and Kashmir];]

Note 3: Ins. by s. 4 ibid.

Note 4: Ins. by Act 42 of 1953, s. 4 and the Third Schedule.

* Due to implementation of The Jammu and Kashmir Reformation Act 2019, the CPC had become applicable in the state of Jammu and Kashmir.

(8) “Judge” means the presiding officer of a Civil Court;

(9) “judgment” means the statement given by the Judge of the grounds of a decree or order;

Judgment means the statement given by the Judge on the grounds of a Decree or Order. Thus a judgment sets out the ground and the reason for the Judge to have arrived at the decision. Judgment is the decision of a court of justice upon the respective rights and claims of the parties to an action in a suit submitted to it for determination. Judgment is the statement of the Court on the grounds for having arrived at a decision.

A judgment must contain the following components:

1. A crisp statement of facts of the case;

2. The points or issues for determination;

3. The decision on such issues and finally;

4. The reasons for such a decision.

(10) “judgment-debtor” means any person against whom a decree has been passed or an order capable of execution has been made;

(11) “legal representative” means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued;

(12) “mesne profits” of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received there-from, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession;

(13) “movable property” includes growing crops;

(14) “order” means the formal expression of any decision of a Civil Court which is not a decree;

“Formal expression” means the recordation of the ruling of the Court on the matter presented before it, so far as the Court expressing it alludes to the fact that the same issue cannot be adjudicated by or before the Court again but only before a higher forum i.e. an appellate forum. Formal expression may be a decree or an order.

Order is defined u/s 2 (14) of the Civil Procedure Code. It means the formal expression of any decision of the Civil Court which is not a decree.

The starting point for an order need not always be a plaint, it may be an application or petition. Though being a formal expression, it follows that an order need not conclusively determine the rights of parties on any matter in dispute. However, it may relate to the matters in controversy.

(15) “pleader” means any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a High Court;

(16) “prescribed” means prescribed by rules;

(17) “public officer” means a person falling under any of the following descriptions, namely :—

(a) every Judge;

(b) every member of ⁵[an All-India Service];

Note 5: Subs. by Act 104 of 1976, s. 3, for “the Indian Civil Service” (w.e.f. 1-2-1977).

(c) every commissioned or gazetted officer in the military ⁶[naval or air] forces of ⁷[the Union] ⁸*** while serving under the Government;

Note 6: Subs. by Act 35 of 1934, s. 2 and the Schedule, for “or naval”.

Note 7: Subs. by the A.O. 1950, for “his Majesty”.

Note 8: The words “including His Majesty’s Indian Marine Service” omitted by Act 35 of 1934, s. 2 and the Schedule.

(d) Every officer of a court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order, in the Court, and every person especially authorised by a court of Justice to perform any of such duties;

(e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

(f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

(g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government; and

(h) every officer in the service or pay of the Government, or remunerated by fees or commission for the performance of any public duty;

(18) “rules” means rules and forms contained in the First Schedule or made under section 122 or section 125;

(19) “share in a corporation” shall be deemed to include stock, debenture stock, debentures or bonds;

and

(20) “signed”, save in the case of a judgment or decree, includes stamped.

⁹* * * * *

Note 9: Clause (21) omitted by Act 2 of 1951, s. 4 earlier ins. by the A.O. 1950.

Code of Civil Procedure Section 3. Subordination of Courts.

More Reading:

Decree

Judgment

Difference between Judgement and Decree