Section 2 of Code of Civil Procedure 1908 "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 47 or 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 favor 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:
{Subs. by Act 2 of 1951, s.4.} [(5) "foreign Court" means a
Court situate outside India and rot 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:
{Ins.by s.4, ibid.} [(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, {Ins.by Act
42 of 1953, s.4 and Sch.III.} [44A,] 78, 79, 32, 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
there from, 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 the Indian Civil Service;
(c) every commissioned or gazetted officer in the military
{Subs. by Act 35 of 1934, s.2 and Sch., for " or naval ".}
[naval or air] forces of {Subs. by the A.O.1950 for "His
Majesty".} [the Union] {The words " including His Majesty's
Indian Marine Service " rep.by Act 35 of 1934, s.2.} 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 authorized 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.
{Cl.(21) which was ins. by the A.O.1950, rep. by Act 2 of
1951, s.4.}