DEFINITIONS

Civil Procedure Code-I

Dr. VIVEK KUMAR

 Definitions: Sec. 2
 Sec. 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,
section 144- Application for restitution- the application of any party
entitled to any
benefit by way of restitution to place the parties in the position which
they would have occupied.
 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;
Essential Elements of a Decree
 The 5 main elements, if they are not present on the document then it
shall not called as the decree. Following are the elements of the decree-

 1. There must be an adjudication.

 2. Such adjudication must have been done in suit.
 3. It must have determined the rights of the parties with regards to all
or any of the matters in controversy in the suit.
 4. Such determination must be of a conclusive nature, and
 5. There must be a formal expression of such adjudication.
Decisions which are decree
 1. Order of abatement of suit.
 2. Dismissal of appeal as time barred.
 3. Dismissal of suit or appeal for want of evidence
or proof.
 4. Rejection of plaint for non-payment of court
fees.
 5. Granting or refusing to grant costs or
installment.
 6. Modification of scheme under section 92 of

the code.
 7. Order holding appeal not maintainable.
 8. Order holding that the right to sue does not
survive.
 9. Order holding that there is no cause of action.
 10. Order refusing one of several reliefs.
section 92 -Public charities trust created for public purposes of a
charitable or religious nature,
Decisions which are not decree
 1. Dismissal of appeal for default.

 2. Appointment of commissioner to take account.

 3. Order of remand.

 4. Order granting or refusing interim relief.

 5. Return of plaint for presentation to proper court.

 6. Dismissal of suit under order XXIII rule 1.
 7. Rejection of application for condonation of
delay.
 8. Order holding an application to be maintainable.
 9. Order refusing to set a side sale.
 10. Order directing assessment of mesne profit.

Order XXIII rule 1- Production of Documents at or before the

settlement of issues.
 (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
J&K;
 (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;

Sec.1, Sec.29, Sec.43, Sec.44, Sec.44A, Sec.78, Sec.79, Sec.82,

Sec.83, Sec.87A, Civil Courts in places to which this Code does
not extend
 (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;

Gen. clauses act Sec.3(36)- Movable property- except immovable property,

Sec.3(26)- Immovable property- land and attached with earth. Sec 3. of T.P. Act-
Immovable property excludes standing timber, growing crops & grass
 (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.

Sections- 122 & 125- Power of High Courts to make rules extending
within its jurisdiction, regulating their own procedure and the
procedure of the Civil Courts
 More to define…
Suit- not defined, (sec.9-suit of civil nature) Hans Raj Gupta v. Dehradun
Mussorie Elec. Tramway Co. (1933) 35 BOMLR 319, institution with
plaint (O-VII).
Pauper Suit (Order XXXIII)- A suit applied with exemption from the
court fee. An Indigent person is a poor who cannot afford to pay the
court fee, is called Pauper Suit.
Inter-pleader suit- The dispute is not between the plaintiff and
defendants. In fact, the plaintiff in such suit has no interest in the
subject matter of the dispute. The dispute is between the defendants
and they inter-plead against each other. Where Plaintiff files a suit
against defendants to find out who is the owner of property (Movable/
Immovable).
 Cause of action- A bundle of essential facts (issues in
fact) which it is necessary for the plaintiff to prove
before he can succeed. It is foundation of a suit. It must
be antecedent to the institution of a suit and on basis of it
a suit must field, not without it.
 Issue (O- XIV)- An important question, subject matter
to determine, arises when a material proposition of fact
or law is affirmed by a party which is denied by other
one. 1.issue of fact, 2.issue of law, 3.mixed issue of fact
& law.
 Interim Order- Temporary/ Provisional orders before the 
final judgment that continued the proceeding. Order for-
(Order XXIV- Payment into Court, XXV-Security for costs, XXVI-
Issuing commission, XXXVIII- Arrest and Attachment before
Judgment, XXXIX Temporary Injunctions, XL- Appointment of
Receivers)
 Interlocutory order (Order XXXIX, Rules 6 to10)-Temporary
injunction, provides relief which is necessary and essential
to the progress of case, it is merely a direction to the
procedure and further question is reserved, which is to be
settled by the court in the final judgment.
 Injunction- is a legal and equitable remedy as order of the
court regarding a certain action to do or not to do. It may be
temporary (interim) or permanent (perpetual) on merit.
 Caveat (let the person beware)- Caveat is an application of
request that the court should not take a particular action without
issuing notice to the party and without affording an
opportunity of hearing him, not to pass any order against
him (not exparte). Right to hear (Audi Alteram Partem)
principle of natural justice.  No one shall be condemned
unheard. This ensures a fair hearing and fair justice to both the
parties.
Affidavit- Declaration of facts in writing and affirmed before
the court on oath. It should be drawn up in the first person
(himself) and contains statements.
Execution (O- XXI)- means the process of enforcing/ give effect
to the decree, judgment or order.
Appeal: Sec. 96- 109-The aggrieved party may prefer to appeal
against the decision of the trial court. The term ‘appeal‘ is not
defined under C.P.C.. An Appeal cannot be claimed as right,
can be preferred only where it is expressly provided by the
statute.
Reference: Sec. 113, (O- XLVI), Reference means referring a case to
the high court to seek the opinion of the high court when there is a
doubt in the question of law.
Review: Sec. 114, (O- XLVII), A Court may reconsider a decision
given by the same court, reviewed its decision on new findings by
the aggrieved party of the suit. Where-
 (a) no appeal has been preferred.

 (b) no appeal is allowed by this Code, or

 (c) by a reference from a Court of Small Causes,

Revision: Sec. 115, The High Court has revisional jurisdiction and can
call for the record of any case which is already decided (supervisory
jurisdiction) regarding exercising the jurisdiction, if -
 exercised the jurisdiction which was not vested,

 Failed to exercise the jurisdiction which was vested,

 exercised the jurisdiction illegally or with material irregularity,

Thank you