Code
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;
(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 situated 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 on 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;
(12) “Mesne profits” means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, with interest, but not including 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, vakil and attorney of a High Court;
(16) “Prescribed” means prescribed by rules;
(17) “Public officer” includes various government officers including Judges, officers empowered to place persons in confinement, revenue officers, etc.;
(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;
(20) “Signed” includes stamped (except in the case of judgment or decree).
Explanation
Section 2 of the CPC is the definition clause. It lays down the legal meanings of essential terms used throughout the Code. Understanding these definitions is key to applying and interpreting various procedural provisions correctly.
Some terms such as “decree”, “judgment”, “order”, and “legal representative” have specific procedural meanings that differ from their layman’s understanding. For example:
- A “Decree” is a formal adjudication that conclusively determines the rights of the parties.
- A “Judgment” is the reasoning or statement made by the judge, which results in a decree or order.
- “Order” is any formal decision that is not a decree.
- “Mesne profits” refer to the profits wrongfully received by someone in unlawful possession of a property.
Illustration
Let’s consider an example:
Suppose A files a civil suit against B for recovery of possession of a house and rent.
- The final determination by the court awarding possession and rent to A will be a “Decree”.
- The Judge’s reasoning on why A deserves possession and rent forms the “Judgment”.
- If the Court dismisses the case because A failed to appear, this is not a decree but an “Order”.
Common Questions Asked in Exams
Q1: What is the difference between a Judgment and a Decree?
Answer: A Judgment is the statement of reasons by the Judge, whereas a Decree is the formal expression of that adjudication.
Q2: Who is a Decree-holder?
Answer: A decree-holder is a person in whose favour a decree or executable order has been passed.
Q3: What are mesne profits?
Answer: Profits received by a person in wrongful possession of property, excluding gains from improvements made.
Q4: Is rejection of plaint a Decree?
Answer: Yes. As per Section 2(2), rejection of a plaint is deemed to be a decree.
Q5: What is the distinction between Order and Decree?
Answer: Decree conclusively determines rights in a suit, while an order may not. Also, all decrees are appealable; only certain orders are.
