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Home / Code of Civil Procedure
Civil Law
Important Definitions under CPC
«23-Apr-2026
Introduction
The Code of Civil Procedure, 1908 is the principal procedural statute governing civil litigation in India. Section 2 contains the interpretive framework upon which every procedural provision of the Code rests. These definitions determine how courts classify judicial acts, how parties and their representatives are identified, and how the territorial and functional jurisdiction of courts is understood.
- Unlike substantive law, which confers rights, the CPC prescribes the machinery through which those rights are enforced. The definitions in Section 2 are therefore not merely technical — they are the threshold through which every civil dispute must pass before it can be adjudicated.
Definitions at a Glance
|
Section |
Term |
Definition |
|
2(1) |
Code |
Includes rules. |
|
2(2) |
Decree |
The formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any matters in controversy in the suit. May be preliminary, final, or partly both. Includes rejection of plaint and determination of questions under Section 144. Excludes adjudications appealable as orders and orders of dismissal for default. |
|
2(3) |
Decree-Holder |
Any person in whose favour a decree has been passed or an order capable of execution has been made. |
|
2(4) |
District |
The local limits of the jurisdiction of a principal Civil Court of original jurisdiction (District Court); includes the local limits of the ordinary original civil jurisdiction of a High Court. |
|
2(5) |
Foreign Court |
A Court situated outside India and not established or continued by the authority of the Central Government. |
|
2(6) |
Foreign Judgment |
The judgment of a foreign Court. |
|
2(7) |
Government Pleader |
Includes any officer appointed by the State Government to perform functions imposed by the Code on the Government Pleader; also includes any pleader acting under the Government Pleader's directions. |
|
2(7A) |
High Court |
In relation to the Andaman and Nicobar Islands, means the High Court in Calcutta. |
|
2(7B) |
India |
Means the territory of India excluding the State of Jammu and Kashmir (except in Sections 1, 29, 43, 44, 44A, 78, 79, 82, 83, and 87A). |
|
2(8) |
Judge |
The presiding officer of a Civil Court. |
|
2(9) |
Judgment |
The statement given by the Judge of the grounds of a decree or order. |
|
2(10) |
Judgment-Debtor |
Any person against whom a decree has been passed or an order capable of execution has been made. |
|
2(11) |
Legal Representative |
A person who in law represents the estate of a deceased person; 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 such party. |
|
2(12) |
Mesne Profits |
Profits which the person in wrongful possession of property actually received or might with ordinary diligence have received, together with interest thereon. Excludes profits due to improvements made by the person in wrongful possession. |
|
2(13) |
Movable Property |
Includes growing crops. |
|
2(14) |
Order |
The formal expression of any decision of a Civil Court which is not a decree. |
|
2(15) |
Pleader |
Any person entitled to appear and plead for another in Court; includes an advocate, a vakil, and an attorney of a High Court. |
|
2(16) |
Prescribed |
Prescribed by rules. |
|
2(17) |
Public Officer |
Includes every Judge; member of an All-India Service; commissioned or gazetted officer in the military, naval, or air forces while serving under the Government; every officer of a court of justice whose duty it is to investigate or report on any matter, make or keep documents, or execute judicial processes; every person empowered to place or keep any person in confinement; officers of the Government responsible for preventing offences, protecting public health or safety, or managing Government property or pecuniary interests; and every officer in the service or pay of the Government or remunerated by fees or commission for a public duty. |
|
2(18) |
Rules |
Rules and forms contained in the First Schedule or made under Section 122 or Section 125. |
|
2(19) |
Share in a Corporation |
Deemed to include stock, debenture stock, debentures, or bonds. |
|
2(20) |
Signed |
Save in the case of a judgment or decree, includes stamped. |
Conclusion
The definitions under Section 2 of the Code of Civil Procedure, 1908 constitute the interpretive foundation of civil procedural law. From the precise contours of a decree to the nuanced computation of mesne profits, these terms govern how courts exercise jurisdiction, how parties participate in proceedings, and how judicial acts are classified and enforced. A thorough command over these definitions is indispensable for any judiciary aspirant seeking to navigate civil law questions with accuracy and confidence.
