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 3*** 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
4
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
5
Calcutta;
(7B) “India”, except in sections 1, 29, 43, 44, 6[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;
1. Subs. by Act 104 of 1976, s. 2, for su b-section
(3) (w.e.f. 1-2-1977).
2. Clause
(a) omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).
3. The words and figures “section 47 or” omitted by s. 3, ibid. (w.e.f. 1-2-1977).
4. Subs. by Act 2 of 1951, s. 4, for clause 5 (w.e.f. 1-4-1951).
5. Ins. by s. 4, ibid. (w.e.f. 1-4-1951).
6. Ins. by Act 42 of 1953, s. 4 and the Third Schedule (w.e.f. 23-12-1953).
32
(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 1[an All-India Service];
(c) every commissioned or gazetted officer in the military 2[naval or air] forces of. 3[the Union]
4
*** 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.
1. Subs. by Act 104 of 1976, s. 3, for “the Indian Civil Service” (w.e.f. 1-2-1977).
2. Subs. by Act 35 of 1934, s. 2 and the Schedule, for “or naval”.
3. Subs. by the A.O. 1950, for “his Majesty”.
4. The words “including His Majesty’s Indian Marine Service” omitted by Act 35 of 1934, s. 2 and the Schedule.
33
1
* * * * *
Login with google