The Code of Civil Procedure, 1908
ARRANGEMENT OF SECTIONS
PRELIMINARY
Section 2: Definitions.
Bare Act
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 such adjudication completely disposes of the suit. It may be partly preliminary and partly final;
- (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;
- (5) "foreign Court" means a Court situate outside India and not established or continued by the authority of the Central Government;
- (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;
- (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, 44A, 78, 79, 82, 83 and 87A, means the territory of India excluding 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;
- (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 therefrom, 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;
- (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 an All-India Service;
- (c) every commissioned or gazetted officer in the military naval or air forces of the Union * * * while serving under the Government;
- (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.
* * * * *
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-holder" means anyone who has received a decree in their favor or an order that can be enforced;
- (4) "district" means the area covered by the main Civil Court of original jurisdiction (called a "District Court"), and includes areas under the original civil jurisdiction of a High Court;
- (5) "foreign Court" means a court located outside India and not established by the Central Government;
- (6) "foreign judgment" means the judgment given by a foreign Court;
- (7) "Government Pleader" includes any officer appointed by the State Government to perform duties assigned to the Government Pleader and any pleader acting under their direction;
- (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, 44A, 78, 79, 82, 83 and 87A, means the territory of India excluding the State of Jammu and Kashmir;
- (8) "Judge" means the person in charge of a Civil Court;
- (9) "judgment" means the statement given by the Judge explaining the reasons for a decree or order;
- (10) "judgment-debtor" means anyone against whom a decree has been passed or an order that can be enforced has been made;
- (11) "legal representative" means a person who legally represents the estate of a deceased person, including anyone who deals with the estate of the deceased and anyone who inherits the estate when a party involved in a case dies;
- (12) "mesne profits" of property means the profits that someone wrongfully possessing the property actually received or could have received with reasonable effort, including interest on those profits, but not including profits from improvements made by the wrongful possessor;
- (13) "movable property" includes growing crops;
- (14) "order" means the official decision of a Civil Court that is not a decree;
- (15) "pleader" means anyone allowed to appear and argue for someone else in Court, including advocates, vakils, and attorneys of a High Court;
- (16) "prescribed" means set by rules;
- (17) "public officer" means a person in any of the following roles:
- (a) every Judge;
- (b) every member of an All-India Service;
- (c) every commissioned or gazetted officer in the military, naval, or air forces of the Union while serving under the Government;
- (d) Every officer of a court of Justice whose duty it is to investigate or report on any matter of law or fact, make or keep any document, manage any property, execute any judicial process, administer any oath, interpret, or maintain order in the Court, and anyone specially authorized by a court to perform any of these duties;
- (e) anyone who holds an office that allows them to place or keep someone in confinement;
- (f) every Government officer whose duty it is to prevent crimes, report crimes, bring offenders to justice, or protect public health, safety, or convenience;
- (g) every officer whose duty it is to manage, receive, keep, or spend any property on behalf of the Government, make any survey, assessment, or contract on behalf of the Government, execute any revenue process, investigate or report on any matter affecting the Government's financial interests, make or keep any document related to the Government's financial interests, or prevent any law violations that protect the Government's financial interests; and
- (h) every officer in the service or pay of the Government, or paid by fees or commission for performing 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" includes stock, debenture stock, debentures, or bonds; and
- (20) "signed", except in the case of a judgment or decree, includes stamped.
Explanation using examples
Example 1:
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.
- Judgment: The judge provides a detailed statement explaining the reasons for the decree, which is the judgment.
- Order: If the court issues an interim order directing Suresh to deposit a part of the loan amount in the court until the final decision, this order is not a decree but a formal expression of the court's decision.
Example 2:
Scenario: Priya, a resident of Mumbai, files a lawsuit in the District Court of Mumbai against a foreign company based in the USA for breach of contract.
Application of Definitions:
- District: The District Court of Mumbai has jurisdiction over the local limits of Mumbai.
- Foreign Court: If the foreign company had previously obtained a judgment from a court in the USA, that court is considered a foreign court.
- Foreign Judgment: The judgment obtained by the foreign company from the USA court is a foreign judgment.
- Government Pleader: If the State Government appoints an officer to represent Priya in the lawsuit, that officer is the Government Pleader.
- High Court: If the case is appealed, it may go to the High Court of Bombay, which has ordinary original civil jurisdiction over Mumbai.
Example 3:
Scenario: An agricultural land dispute arises between two farmers, Raj and Mohan, over the ownership of a piece of land in Punjab.
Application of Definitions:
- Mesne Profits: If Raj is found to be in wrongful possession of the land, the court may order him to pay mesne profits to Mohan. This includes the profits Raj earned or could have earned from the land with ordinary diligence, excluding any improvements made by Raj.
- Movable Property: If the dispute involves crops growing on the land, these crops are considered movable property.
- Legal Representative: If Raj passes away during the lawsuit, his son, who inherits his estate, becomes his legal representative and continues the lawsuit on his behalf.
Example 4:
Scenario: A public officer, Mr. Sharma, is accused of misusing his position to benefit a private company.
Application of Definitions:
- Public Officer: Mr. Sharma, being an officer of the Government whose duty is to prevent offences and protect public interests, falls under the definition of a public officer.
- Order: If the court issues an order suspending Mr. Sharma from his duties pending investigation, this order is a formal expression of the court's decision but not a decree.
- Prescribed: The procedures followed in the investigation and suspension of Mr. Sharma are prescribed by the rules under the Code of Civil Procedure.
Example 5:
Scenario: A company in Delhi issues debentures to raise capital, and there is a dispute over the ownership of these debentures.
Application of Definitions:
- Share in a Corporation: The debentures issued by the company are included in the definition of a share in a corporation.
- Signed: If the debentures are stamped instead of being physically signed, they are still considered signed under the Code of Civil Procedure.
