Section 2 of CPC – Section 2: Definitions. | CPC

The Code of Civil Procedure, 1908

ARRANGEMENT OF SECTIONS

PRELIMINARY

Section 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 * * * 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 s

Simplified Act

In this Act, unless it clearly means something else, -

(1) "Code" includes rules;
(2) "decree" means the official decision of a court that settles the rights of the parties involved in a case. It can be either preliminary (not final) or final. It includes the rejection of a complaint and decisions under section 144, but does not include:
- (a) any decision that can be appealed as an order, or
- (b) any order dismissing a case for lack of action.
Explanation. - A decree is preliminary when more steps are needed to finish the case. It is final when it completely resolves the case. It can be partly preliminary and partly final;
(3) "decree-h

Scenario: Ramesh files a lawsuit against Suresh for the recovery of a loan amounting to ₹5,00,000.

Application of Definitions:

Decree: The court issues a decree in favor of Ramesh, stating that Suresh must repay the loan amount with interest. This decree conclusively determines the rights of Ramesh and Suresh regarding the loan dispute.
Decree-holder: Ramesh becomes the decree-holder as the decree is in his favor.
Judgment-debtor: Suresh is the judgment-debtor as the decree is against him.