Know Civil Law Terminologies In Easy Language | सरल भाषा में नागरिक कानून शब्दावली को जानें

Civil Procedure Code is a complete code itself, which consolidates and amends the laws relating to the procedure of the Courts of Civil Judicature. Various terms and their meaning in the preview of CPC are listed here.

Publish date: 13-09-2020

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 Civil Procedure Code is a complete code itself, which consolidates and amends the laws relating to the procedure of the Courts of Civil Judicature.  Once proceedings are initiated thereunder, rights and remedies have to be looked into. All other manners and / or procedures are impliedly prohibited; (Kapildeo Prasad vs. Ramanand Prasad) AIR 2007 Pat 1.

Various terms and their meaning in the preview of CPC are listed below

 

 

CPC Terminologies

 

 

S No.

Keyword / Term

Description

1)

Code

Includes rules

2)

Decree

Means the formal expression of an adjudication which, so far as the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy, in suit. It shall be deemed to be rejection of plaint and the determination of any question within section 144, but shall not include:

  1. Any order of dismissal for default
  2. Any adjudication from which an appeal lies as an appeal from an order

3)

Decree Holder

It means any person in whose favour a decree has been passed or an order capable of execution has been made.

4)

District

Local limits of jurisdiction of a principal Civil Court ( District Court ), and includes the local limits of the ordinary original civil jurisdiction of a High Court

5)

Foreign Court

Court situated outside India, and not established by Central Govt of India

6)

Foreign Judgement

Judgment of a foreign court

7)

Government Pleader

Any officer appointed by State Government to perform any or all of the functions imposed by this code on Government Pleader

7 A)

High Court in Relation to the Andaman & Nicobar Island

Means the ‘High Court’ in Calcutta

8 )

Judge

Means presiding officer of a Civil Court

9 )

Judgement

A order given by a Judge on the grounds of a decree or order

10 )

Judgement – debtor

Any person against whom a decree has been passed or an order capable of execution has been made

11 )

Legal Representative

A person who in law represents the estate of a deceased person, and includes a person who intermeddles a representative character of the person whom the estate devolves on the death of the party so suing or sued.

12 )

“mesne profits” of Property

Means the profits which the person in wrongful possession of the property actually received or might with ordinary diligence would have received, with interest. But will not include the profits obtained due to the improvements made by the person in wrongful posession.

13 )

‘movable property’

Physically movable property. It also includes ‘crops’

14 )

‘order’

The formal expression or any decision of a ‘Civil Court’, which is not a decree.

15 )

Pleader

Any person entitled to appear and plead for another person in Court, and includes an advocate, a vakil, and an attorney of a High Court.

16 )

Prescribed

It means prescribed by a rule

17 )

Public officer

Any person following in any of the below descriptions

  1. Every Judge
  2. Every member of an All India Service
  3. Every commissioned officer or gazetted officer in the military serving user Govt. of India
  4. Every officer of a court whose duty is to investigate and report on any matter of law or fact, or to make or authenticate any document, or to take charge or dispose any property, or to execute any judicial process, or to administer any oath, or to interpret or to preserve order in Court, or any person authorized by Court of Justice to perform any of these duties
  5. Any person by virtue of his duties is authorized to keep any person in custody or release
  6. Any officer who is authorized to prevent offence
  7. Any person who is authorized to be involved or execute any revenue or expenditure process.

18 )

Rules

Means any rules and forms contained in the First Schedule or made under Section 122 or 125

19 )

Share in a Corporation

Include stock, debenture, bonds`

20 )

Signed

Signed save in the case of Decree or Judgement, includes Stamped

 

 

 

 

Some Special Terms and their Underlying Conditions

 

PROCEEDINGS: Meaning   

·         The judicial scope of the word ‘proceeding’ that result in an order of a civil court as defined in Section 2 (14).  The word also includes appellate or execution proceedings or applications under CPC

  • The word ‘proceeding’ doesn’t refer to an arbitration because they do not result in an ‘order’ but in an ‘award’ much less than a an order of a Civil Court (as defined in Section 2 (14)).

 

 

 

 

 

 

DECREE: When an Order Becomes a Decree?

·         There must be adjudication in a suit, and such adjudication must have determined the rights of the parties with regards to all or any of the matters in controversy in the suit, and such determination must be conclusive in nature..

·         The rejection of application for the delay will not amount to a decree.

·         Also dismissal of an appeal as time barred is also not a decree 

·         An order under ORDER XXII, rule 9(2) refusing to set aside abatement would not be a decree – abatement of an appeal doesn’t imply adjudication based on merit, hence provision had to be made in Order XXII that no fresh suit can be brought on the same cause of action. Therefore when the appeal was abated, there as no decree.

  • There can be more than one preliminary / final decrees

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