Indian Legal System > Civil Laws > The Code of Civil Procedure > Definition Clause
Definition Clause is a dictionary of the word used in the statute which is useful in interpreting the statute. It gives the meaning of that word or phrase related to the statute. Objects of this clause are to provide for proper interpretation of the enactment and to shorten the language of enacting part. According to Craies, the word or phrase is defined in two ways restrictively and extensively. When the word ‘mean’ is used in the definition it is used in a restrictive way to restrict the meaning as given in the definition only. While when the word ‘includes’ is used in the definition it is used in an extensive way to broaden the meaning of the word in the statute.
Justice G.P. Singh, in his book on interpretation, has explained it thus: “A definition section may borrow definitions from an earlier Act and the definition so borrowed may not necessarily be in the definition section but may be in some other provisions of the earlier Act. A definition borrowed by incorporation or reference may be sometimes found in the rules made under the referred statute. For example, Article 366(1) of the Constitution defines agricultural income to mean agricultural income as defined for the purpose of enactments relating to Indian Income-tax.”
Section 2 of the Code of Civil Procedure is the Definition Clause. Presently, there are 20 definition clauses in all. We shall study them one by one.
Section 2(1) Code:
“Code” includes rules;
The Code of Civil Procedure has two parts. The main body of the Code is in the Sections and the rules refer to matters of mere machinery which the High Court may adapt to local conditions. Thus Hig Courts are allowed to modify the rules as per circumstances.
In Manekbai Manohar v. M. Deshpande, AIR 1971 Bom 21 case, the Court observed that the body of the Code of Civil Procedure creates a jurisdiction while the rules indicate the mode in which it is to be exercised.
In Lakshmi Kumar v. Krishna Ram, AIR 1950 MB 156 case, the Court opined: “It follows that the body of the Code of Civil Procedure is expressed in more general terms and it has to be read in conjunction with the more particular provisions of the rules.
In Basavayya v. Venkatappiah, AIR 1926 Mad 676 case, the Court held that where there is a clear conflict between the body of the Code of Civil Procedure and the rules, the former must prevail.
Section 2(2) Decree:
“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, 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;
A decree is an official order that is drafted and issued by someone in a position of legal authority, like a judge.
In Vidyacharan Shukla v. Khubchand Baghel, AIR 1964 SC 1099 (1113) case, the Supreme Court held that in order that a decision of a court to be a “decree” the following elements must be present.
- There must be an adjudication;
- Such adjudication must have been given in a suit;
- It must have determined the rights of the parties with regard to all or any of the matters in dispute in the suit;
- Such determination must be of conclusive nature; and
- There must be a formal expression of such adjudication.
In Bal Kishan v. Tulasi Bai, AIR 1987 MP 120 case, the Court held that order must satisfy the requirements of Section 2(2) in order to become decree. Merely labelling it as a decree does not make it a decree.
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Section 2(3): Decree Holder:
“Decree-holder” means any person in whose favour a decree has been passed or an order capable of execution has been made;
In Bajirao v. Kashirao, AIR 1978 Bom 350 case, the Court held that a decree-holder is one whose name is inscribed on the decree and in whose favour such decree has been passed.
Section 2(4): District:
“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;
In Daily Calendar Supplying Bureau v. United Concern, AIR 1967 Mad 381 case, the Court during a discussion on the jurisdiction for the suit, under the Copyright Act, 1957, held that in the absence of such a court having the jurisdiction, a High Court having the ordinary original civil jurisdiction would be deemed to be the District Court.
In Raja Soap Factory v. Shantharaj, AIR 1965 SC 1449 case, the Court held that if a High Court does not possess the ordinary original jurisdiction, it would not, though at the apex of the civil courts, be the District Court for the purpose of the Trade and Merchandise Marks Act 1958.
Section 2(5): Foreign Court:
“Foreign Court” means a Court situate outside India and not established or continued by the authority of the Central Government;
Section 2(6): Foreign Judgment:
“Foreign judgment” means the judgment of a foreign Court;
Section 2(7): Government Pleader:
“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;
The government can have as many government pleaders as it likes. The definition is inclusive. It must be read with O 27, rr 4 and 8B.
In Kanta Kathuria v, Manak, Air 1970 SC 694 (700) case, the Court observed that a person appointed as a special government pleader under O 27, r 8(B) to conduct a particular case specified in the notification appointing him does not hold the office of government pleader.
Section 2(7A): High Court:
“High Court” in relation to the Andaman and Nicobar Islands, means the High Court in Calcutta;
Section 2(7B): India:
“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.
Section 2(8): Judge:
“Judge” means the presiding officer of a Civil Court;
In Aloo v. Gabubha, ILR 19 Bom 608 case, the Court held that no judge can act in any matter in which he has any pecuniary interest, nor where he has any interest, though not a pecuniary one, sufficient to create a real bias.
In Anand Prakash v. Asst. Registrar Co-op Societies, AIR 1968 All 2 case, the Court held that an Arbitrator is neither a judge nor a court.
Section 2(9): Judgment:
“Judgment” means the statement given by the Judge of the grounds of a decree or order;
Section 2(10): Judgment-debtor:
“judgment-debtor” means any person against whom a decree has been passed or an order capable of execution has been made;
In Iaq v. Ramji, (1952) ILR All 618 case, the Court held that the word “judgment-debtor’ as used in this rule has been not to include the legal representative of a deceases judgment-debtor.
In Vijay Raj v. Lal Chand, (1966) ILR Raj 194 case, Court held that surety of judgment-debtor is not himself a judgment-debtor.
Section 2(11): Legal Representative:
“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 issued in a representative character the person on whom the estate devolves on the death of the party so suing or sued;
In Manjushri Bera v. Oriental Insurance Co. Ltd., AIR 2007 SC 1474 case, the Court observed: “According to the definition given in the Code, 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.
Section 2(12): mesne profits:
“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;
The main object of awarding mesne profits is to compensate the person entitled to be in possession of the property. The concept of mesne profits is applied due to the wrongful possession of the defendant.
In Mahadei v. Kaliji Birajman, 1969 All LJ 896 case, the Court held that the expression mesne profits as defined in s 2 (12) of the Code means those profits which a person in wrongful possession of such property either actually received or might have received with due diligence. It is not always necessary that there should be proof of actual receipt.
In Kishen Kumar Narandas Jobanputra v. Purushottam Mathurdas Raithatha, 2006 (2) Civil Court Cases 600 (Bom) case, the Court held that for entitling him to grant of mesne profits, the plaintiff must lead evidence to prove what would be the compensation the defendant might have received with due diligence for his wrongful possession. Where the plaintiff did not lead any evidence, it was held that he was not entitled to claim mesne profits.
Section 2(13): Movable Property:
“movable property” includes growing crops;
The definition must be limited to the Code of Civil Procedure, for under s 3 (26) of the General Clauses Act, 1897, standing crops are immovable property.
Section 2(14): Order:
“order” means the formal expression of any decision of a Civil Court which is not a decree;
Section 2(15): Pleader:
“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;
In Re Pleaders of the High Court, (1884) ILR 8 Bom 155 case, the Court observed: “The term pleader is, here, used in a much larger sense than its ordinary signification as a convenient term to designate all persons who are entitled to plead for others in court. Pleader, in its ordinary sense, is synonymous with vakil.
Advoate: An advocate is defined in s 22 (a) of the Bar Councils Act, 1926, as one whose name is entered on the rolls of an advocate of the High Court. An advocate whose name has been removed from the roll is not within this definition.
Section 2(16): Prescribed:
“prescribed” means prescribed by rules;
Section 2(17): Public Officer:
“public officer” means a person falling under any of the following descriptions, namely:
public officer means a person falling under any of the following descriptions, namely:
(a) every Judge;
(b) every member of 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 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 authorised 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;
Section 2(18): Rules:
“rules” means rules and forms contained in the First Schedule or made under section 122 or section 125;
Section 2(19): Share:
“share in a corporation” shall be deemed to include stock, debenture stock, debentures or bonds; and
Section 2(20): Signed:
“signed”, save in the case of a judgment or decree, includes stamped.
The definition is wider than in the General Clauses Act, 1897. Indians of rank sometimes use a stamp instead of signing, and the inability to write is not a condition precedent to the use of a stamp. The Madras High Court has observed that there is no provision that initials may be made by a stamp.
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