Civil Procedure Code 1908 (CPC), Section 2, Definitions

Code of Civil Procedure 1908

Definitions :

Section 2. 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 which 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 2[the determination of any question within section 144 and an order under rule 60, 98, 99, 101, or 103 of Order XXI] but shall not include;

(a) any adjudication form 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 dispose 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 beyond the limits of 1[Pakistan] which has no authority in 1[Pakistan] and is not established or continued by 2[the Central Government 3***]:

(6) "Foreign judgment" means the judgment of a foreign Court:

(7) "Government Pleader" Includes any officer appointed by the 4(Provincial 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 :

(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 profession 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 civil 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 person in the service of Pakistan].1

(c) every commissioned or gazetted officer in the military, 2[naval or airy] forces of 3[Pakistan while in the service of the State];

(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 4[the 5[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 4[the 5[Government]], or to make any survey, assessment or contract on behalf of '[the 2(Government] 1. or to execute any revenue-process, or to investigate, or to report on, any matter affecting the pecuniary interests of 1[the 2[Government], or to make, authenticate or keep any document relating to the pecuniary interests of 1[the [Government] ] or to prevent the infraction of any law for the protection of the pecuniary interest of 1[the 2[Government] ]; and

(h) every officer in the service or pay of 1[the 2[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.

Explanation, Illustration and Relevant Cases:

Civil Procedure Code, 1908 (V of 1908)-- ----Section s. 2(2)--Subsequent decree sheet--Decree sheets were prepared on two different dates--Contents i.e. date on which it is to be prepared and signing of decree by judge to be contained by decree--Validity--Decree must be in terms of judgment--Subsequent decree sheet is of no legal effect--No right can be claimed on basis of the same. PLJ 2012 7

Civil Procedure Code, 1908 (V of 1908)-- ----Section. 2(2)--Decree against minor--Definition of a decree as given in S. 2(2), CPC does not exclude an ex-parte decree nor does it make reference that decree against minor or decree which is ab initio void would not be decree. PLJ 2012 139

Civil Procedure Code (V of 1908), Section. 2 (9)‑Definition of "judgment" confined to that expression as used in Code only. P L D 1964 614