Section 2 CPC: Definitions

Section 2 of Code of Civil Procedure: Definitions

Official Bare Act Text

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In this Act, unless there is something 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, 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 beyond the limits of India which has no authority in India, and is not established or continued by 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;

(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 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 act 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 Union;

(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;

(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;

(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.

Key Statutory Definitions in CPC Section 2: (Click any term for official legal definition)

Decree Sec 2(2) Decree-Holder Sec 2(3) Foreign Judgment Sec 2(6) Judgment Sec 2(9) Judgment-Debtor Sec 2(10) Legal Representative Sec 2(11) Mesne Profits Sec 2(12) Order Sec 2(14) Pleader Sec 2(15) Public Officer Sec 2(17)

Legal Commentary & Landmark Judgments: Section 2

Section 2 serves as the master interpretation clause of the CPC, defining critical statutory terms including 'decree', 'order', 'judgment', 'decree-holder', 'judgment-debtor', 'legal representative', 'mesne profits', and 'public officer'.

Decree [Sec 2(2)]: Formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit; may be preliminary or final; includes rejection of a plaint under Order 7 Rule 11.
Order [Sec 2(14)]: Formal expression of any decision of a civil court which is not a decree.
Judgment [Sec 2(9)]: Statement given by the judge on the grounds of a decree or order.
Mesne Profits [Sec 2(12)]: Profits which the person in wrongful possession of property actually received or might with ordinary diligence have received, together with interest, but excluding profits due to improvements made by the wrongful possessor.

Key Landmark Precedents:

Phoolchand v. Gopal Lal, AIR 1967 SC 1470: The Supreme Court held that there is nothing in the CPC prohibiting the passing of more than one preliminary decree in a partition suit under Section 2(2) if circumstances change before the final decree is drawn up.
Ganga Bai v. Vijay Kumar, (1974) 2 SCC 393: The Supreme Court drew the foundational distinction between a suit and an appeal, holding that while an appeal lies only against a decree under Section 2(2) or appealable orders, a suit is an inherent common law right.
Dahiben v. Arvindbhai Kalyanji Bhanusali, (2020) 7 SCC 366: Reaffirmed that an order rejecting a plaint under Order 7 Rule 11 is deemed a decree under Section 2(2), against which a regular first appeal lies under Section 96, not a civil revision.

Courtroom Practice & Strategic Litigation Guidance:

When challenging a trial court decision, verify whether it qualifies as a 'decree' under Section 2(2) (warranting a regular First Appeal under Section 96) or an 'order' under Section 2(14) (requiring an appeal under Order 43 Rule 1 or a Civil Revision under Section 115).

Section 2: Definitions

Section 2 of Code of Civil Procedure: Definitions

Legal Commentary & Landmark Judgments: Section 2