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INDIAN BARE ACTS

CIVIL PROCEDURE CODE – APPLICATION 2

Civil Procedure Rules


  • 2. Definitions .- In this Act, unless there is anything repugnant in the subject or context,—HIGH COURT AMENDMENT

    CALCUTTA.- In the opening words of the section add the words “and in the Rules of practice and procedure of the Court of Small Causes of Calcutta framed under the provision of Section 9 of the Presidency Small Cause Courts Act, 1882,” after the words, “In this Act” and before the words “unless there is” Cal. Gaz. Pt. I, dated 
    20.4.1967.
    (1) “Code” includes rules;
    HIGH COURT AMENDMENT

    CALCUTTA.- In clause (1) add the words “and, in its application to Courts other than the Court of Small Causes of Calcutta, means the Code of Civil Procedure, 1908; and, in its application to that Court, means the provisions of the Code of Civil Procedure, 1908, as adapted, modified and extended by the provisions of notifications issued from time to time under the provisions of Section 8 of that Code” after the words “includes rules” Cal. Gaz. Pt. I, dated 20.4.1967.

    (2) “decree” means’ the formal expression of an adjudication which, so tar 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 (nay 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 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;
    HIGH COURT AMENDMENT
    CALCUTTA.- In clause (2) insert a full stop after “matters in controversy in the Suit” substitute. “In Courts other than the Courts of Small Causes of Calcutta it” for “and” after “matters in controversy in the suit”; insert a semicolan and the word ‘and” in place of the full stop after “preliminary or final” Cal. Gaz. Pt I, dated 20-4-1967.

    (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 Jammu and Kashmir;

    (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
    HIGH COURT AMENDMENT

    CALCUTTA.– In clause (13) insert the words “except in suits or proceedings in the Court of Small Causes of Calcutta” after the words “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 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 an 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;
    HIGH COURT AMENDMENT

    CALCUTTA- In clause (18) insert the words “in its application to Courts other than the Court of Small Causes of Calcutta” after the word “rules” and before the words “means rules and forms”, and the words ‘of the Code of Civil Procedure, 1908, and, in its application to that Court means the “Rules of Practice and Procedure of that Court made under Section 9 of the Presidency Small Cause Courts Act, 1882, and includes the rules and forms contained in the First Schedule of that Code which arc made applicable to that court by virtue of the provisions of Order LI of that schedule” after the words “Section 122 or Section 125” Cal. Gaz’.. Pt. 1. dated 
    20.4.1967.

    (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

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