The term Plaint has not been defined in the Code. However, it can be defined as a statement of claim by presentation of which the suit is instituted. It is pleading of the plaintiff. Thus, it is a legal document which contains the written statement of the plaintiff’s claim. It is the first step towards the initiation of a suit. Through the help of plaint, the plaintiff narrates or describes the cause of action and related information which is considered as essential from the viewpoint of the suit.  Order VII of the Civil Procedure Code, 1907, lays down rules relating to plaint. Rules 1-8 of Order VII deals with particular required in a plaint.

Contents of a Plaint Order VII Rules 1-8:

Heading and Title:

Rule 1 of Order VII lays down that a plaint must contain certain particulars required to be stated in the plaint:

1. Name of the court (For e. g. in the Matter of Civil Judge Junior Division) in which the matter is to be tried [Rule 1(a)]:

The name of the court should be written on the plaint as the heading. It is not necessary to mention the name of the presiding officer of the court. The name of the Court is sufficient, For example: – 

In the Court of the District Judge, Rajkot.

In the Judicature of Bombay High Court

2. The name, description and place of residence of plaintiff [Rule 1(b)]:

3.The name, description and place of residence of defendant [Rule 1(c)]:

• There must be two parties in every suit, namely, the plaintiff and the defendant. However, there may be more than one plaintiff, and defendant.  
• All particulars of the parties such as name, residence, father’s name, age, etc. which are necessary to identify the parties, must be stated in the plaint.
• In the case of more than one party, all of their names have to be mentioned in the plaint according to their pleadings.  
• When a plaintiff has some defects or problems in health or any type of disability, the Plaint should contain a statement of these effects. 

In Shantadurga Temple v. M F Jose, AIR 1976 Goa 54 case, the Court held that where full particulars regarding a defendant are not known to the plaintiff, an insufficient or even improper description does not make the plaint defective.

4. Title of Suit:

The title of the suit contains the reasons for approaching the court and the jurisdiction before which the plaint is initiated. Title of suit does not decide the jurisdiction.

Body of Plaint:

It is the body of the plaint wherein the plaintiff describes his/her concerns in an elaborative manner. That should be divided into short paragraphs, which each contains one fact. Body of the plaint decides jurisdiction.

The body is divided into two further parts which are as follows:

Formal Part:

5.The cause of action (Pleadings) [Rule 1(e)]:

• Plaint should contain the facts due to which cause of action arises and where the cause of action arises it should also be mentioned. The cause of action is an act, action, or omission, that gives rise to the institution of a suit.

In Ganesh Trading Co. v. Moji Ram, (1978) 2 SCC 91 case, the Court held that even though the expression “cause of action” has not been defined in the Code, it may be described as “a bundle of essential facts, which it is necessary for the plaintiff to prove before he can succeed”.

In Purushottam Haridas & Company v. Amruth Ghee Co. Ltd., AIR 1961 AP 143 case, the Court held that it is only necessary to state the facts constituting the cause of action and not legal effect thereof.

In Kuldeep Singh v. Ganpat Lal, AIR 1996 SC 729 case, the Court observed: “The object underlying Order VII Rule (1) (e) which requires that the plaint shall contain the particulars about the facts constituting the cause of action and when it arose, is to enable the court to find out whether the plaint discloses the cause of action because the plaint is liable to be rejected under Order VII Rule 11 CPC if it does not disclose the cause of action. “

In A.B.C. Laminart (P) Ltd. v. A.P. Agencies (1989) 2 SCC 163 case, the supreme court held that A cause of action means every fact, which, if traversed, it would be necessary for the plaintiff to prove in order to support his right to a judgment of the Court. In other words, it is a bundle of facts which taken with the law applicable to them gives the plaintiff a right to relief against the defendant. It must include some act done by the defendant since in the absence of such an act no cause of action can possibly accrue. It is not limited to the actual infringement of the right sued on but includes all the material facts on which it is founded. It does not comprise evidence necessary to prove such facts, but every fact necessary for the plaintiff to prove to enable him to obtain a decree. Everything which if not proved would give the defendant a fight to immediate judgment must be part of the cause of action.

• It is necessary for every plaint to contain the date when the cause of action arose. The primary objective behind this is to determine the period of limitation.

In Kuldeep Singh v. Ganpat Lal, AIR 1996 SC 729 case, the Court observed: “The purpose behind the requirement that the plaint should indicate when the cause of action arose is to help the court in ascertaining whether the suit is not barred by limitation. Any error on the part of the plaintiff in indicating the date on which the cause of action arose would be of little consequence if the cause of action had arisen on the date on which the suit was filed and the suit was within limitation from the said date. The error in mentioning the date on which the cause of action had arisen in the plaint in such a case would not disentitle the plaintiff from seeking relief from the court in the suit.”

• Plaint should not only mention facts due to which cause of action arises but also those facts which help in recognizing the jurisdiction.

In Ramprasad v. Hazarimull, AIR 1931 Cal 458 case, the Court held that if the plaintiff relies on the defendant’s residence or place of business as giving jurisdiction, the facts showing this must be stated in the body of the plaint.

In Tilak Raj v. Prithipal singh, AIR 1961 J & K 61 case, the Court held that the plaint must aver all the facts showing how the court has jurisdiction.

• In the case of minors, a minor cannot sue nor be sued. If one of the parties is a minor or of unsound mind, it will have to be mentioned in the cause title [Rule 1(d)].  
• The value of the subject matter of the suit must be stated properly for the purpose of the pecuniary jurisdiction of the court and court fees [Rule 1(i)].

In Bai Radha Bai v. Nandlal, AIR 1956 Bom 649 case, the Court held that the decision of the court on the question of jurisdiction must rest on the substantive relief to which the plaintiff is entitled to on the facts alleged by him and not on the prayer which he has chosen to make in the plaint.

• Where the subject matter is an immovable property, a description of the property sufficient to identify the same. In such case the property can be identified by boundaries or numbers in record of settlement or survey, the plaint shall specify such boundaries or numbers. [Rule 3]

In S. Nagraj v. Kalluramma, AIR 1996 Kant 1235 case, the Court held that the description of the property in suit given in the plaint must be sufficient to identify the property. If independently of the boundaries, the property can be sufficiently identified, then any error of misdescription of the boundaries cannot affect either the suit or the decree passed in the suit.

• If the suit is filed in representative capacity, the fact showing that the plaintiff has an actual existing interest in the subject matter and he has taken steps that may be necessary to enable him to file such a suit [Rule 4]
• The reasons why the plaintiff wants to claim exemptions under the law if the suit is initiated after the period of limitation. [Rule 6] The court may grant exemption on such grounds if it thinks fit. However, the court is also free to grant such exemption on any other ground not mentioned in the plaint but raised by the plaintiff, if such ground raised does not destroy the ground in the plaint.

Substantial portion:

• In this portion, plaint must contain all the necessary and vital facts, which constitute the suit. If the plaintiff wishes to pursue a course of action on any other grounds must be duly mentioned.
• It should be shown in the plaint that the defendant is interested in the subject matter and therefore must be called upon by the court.
• Where the defendants are more than one and if the liability is not joint, then the individual liability of each and every defendant must be shown separately.
• In the same way, if there is more than one plaintiff and their cause of action is not joint, then too, the same has to be mentioned separately.

In Ramprasad v. Hazarimull, AIR 1931 Cal 458 case, the Court observed that the plaintiff must give such particulars as will enable the defendant and the court to ascertain from the plaint whether in fact and in law, the cause of action did arise as alleged or not. The plaintiff’s mere statement that it did arise or that he has good cause of action is useless for this purpose.

In Corpn of the City of Banglore v. M. Papaiah, (1989) 3 SCC 612 case, the Court held that for deciding the nature of the suit, the entire plaint has to be read and not merely the relief portion.   

6.Facts showing that the court has jurisdiction [Rule 1(f)]:

The plaint must state all the facts showing how the court has pecuniary and territorial jurisdiction over the subject-matter of the suit.

7. Relief claimed by the Plaintiff, simply or in alternative [Rule 1(g), 7 & 8],

Every plaint must state specifically the relief claimed by the plaintiff either simply or in the alternative. It is the last part of the plaint. It must be claimed properly and accurately. Every plaint must state specifically the kind of relief asked for, be it in the form of damages, specific performance or injunction or damages of any other kind. This must be done with utmost carefulness because the claims in the plaint cannot be backed by oral pleadings. General relief or any relief that the court may grant on its own discretion may not be specifically asked for.

In a money suit, as a general rule, where the plaintiff seeks for recovery of specific amount, the precise amount must be stated in the plaint. However, when the plaintiff sues for mesne profits or for unsettled accounts or for movables where the value cannot be estimated by due diligence, the approximate amount may be claimed in the plaint. [Rule 2]

In Shivisingh v. Harijiram, AIR 1957 Raj 39 case, the Court held that, in a suit for damage, the plaintiff must state the amount of damages claimed and pay court fee thereon.

In Raghu Mahton v. Bulak Mahton, (1953) AP 289 case, the Court held that a claim for past mesne profits must be valued even though approximately and court fee paid thereon. But it is not necessary that future mesne profits should be valued.

In N. K. Rajendra Mohan v. Thirvamadi Rubber Co. Ltd., AIR 2015 SC 2556 case, the Court held that where an issue is not referred to in plaint and plaintiff’s plea was based on it which lacked foundation in the plaint, is not required to be entertained.

In Pitambar v. Ram Joy, (1867) 7 WR 93 case, the Court held that where a plaint asks for more than what plaintiff is entitled to, the court may give him only as much relief as he is entitled to; but the suit must not be dismissed.

It is to be noted that, where a plaint asks for less than what plaintiff is entitled to, the court cannot give him relief in excess of the plaint, unless the plaint is amended before judgment.

In Ravinder Singh v. Shyam Lal, AIR 1984 P & H 145 case, the Court observed that under the system of pleading hereto followed in India, it was usual to add in the plaint a prayer for general relief called the general prayer which run thus: “The plaintiff claims such further or other re3lief as the nature of case may require”. The Court held that under the present rule it is no longer necessary specifically to ask for such relief. Such relief may now always be given to the same extent as if it had been asked for, provided it is not inconsistent with that specifically claimed, and with its case raised by the pleadings.

In Malathi Ravi M.D. v. B.V. Ravi M.D., (2014) 7 SCC 640 case, where a ground of mental cruelty was not taken in the relief clause obtaining divorce, but was discernible from undisputed material brought on record, the Supreme Court exercising its power under Article 142 granted divorce on the ground of mental cruelty.

In Bhagwati Prasad v. Chandramaul, AIR 1966 SC 735 case, the Supreme Court held that The general rule no doubt is that the relief should be founded on pleadings made by the parties. But where the substantial matters relating to the title of both parties to the suit are touched, though indirectly or even obscurely in the issue, and evidence has been led about them, then the argument that a particular matter was not expressly taken in the pleadings would be purely formal and technical and cannot succeed in every case. What the Court has to consider in dealing with such an objection is : did the parties know that the matter in question was involved in the trial, and did they lead evidence about it ? If it appears that the parties did not know that the matter was in issue at the trial and one of them has had no opportunity to lead evidence in respect of it, that undoubtedly would be a different matter. To allow one party to rely upon a matter in respect of which the other party did not lead evidence and had had no opportunity to lead evidence, would introduce considerations of prejudice, and in doing justice to one party, the Court cannot do injustice to another.

8. Where the Plaintiff has allowed set-off or relinquished a portion of his claim, the amount so relinquished [Rule 1(h)],

When the plaintiff is ready to set off a portion of his claim, the Plaint should contain that amount which has been so allowed.  The plaint shall show that the defendant is or claims to be interested in the subject-matter, and that he is liable to be called upon to answer the plaintiffs claimed. [Rule 5]

At last, the content that should be on plaint is the plaintiff verification on oath. The verification can only be done before a competent court or in front of an Oath Commissioner. 

In Salem Advocate Bar Association, T. N. vs Union of India, AIR 2005 SC 3353, case the Court held that the affidavit required to be filed under amended Section 26(2) and Order VI Rule 15(4) of the Code has the effect of fixing additional responsibility on the deponent as to the truth of the facts stated in the pleadings. It is, however, made clear that such an affidavit would not be evidence for the purpose of the trial. Further, on amendment of the pleadings, a fresh affidavit shall have to be filed in consonance thereof.  

Format of plaint:

IN THE CIVIL COURT  AT  RAJKOT

Suit No. 166 of 2021

Ajay Mehta

A 106, Gandhi Nagar, Rajkot                                         

……… Plaintiff

V.

Ramesh Chandela

Gandhi Nagar, Rajkot                                                     

…….. Defendant 

Suit for the Injunction On the use of Unused land as a dumping area

The Plaintiff submitted as under:

• The plaintiff is a resident of Gandhi Nagar, Rajkot, and the Defendant is a neighbour of the plaintiff.
• Unused land is near the house of the plaintiff, which is used by the resident of A104 i.e. defendant as a dumping yard for the waste material of his house.
• That the Defendant was all the time throwing the waste material in that unused land near the house of the plaintiff.
• Since a very long time of being used as a dumping yard by the defendant, there is a collection of huge waste material that leads to the health problem of the plaintiff.
• That the court has jurisdiction on this matter to fix an injunction on the use of unused land as a dumping area as it restricts his free movement and also leads to affect health due to defendant action.

Prayer:

• It is Prayed that a decree for the injunction is passed in favour of the plaintiff against the defendant. And some other relief as the court thinks fit.

Place: Gandhi Nagar                                                          Date: 04/02/2021 

sd/-

(Ajay Mehta)

Verification:

In the above-named plaintiff do hereby verify that the contents of the paras no. 1,2,3 and 4 are true to my knowledge and the contents of remaining paras are according to legal advice from my advocate which I believe to be true.

Place: Gandhi Nagar 

Date: 04/11/2021                                                                            

s/d of Plaintiff

(Ajay Mehta)

Conclusion:

Section 26 of the Code of Civil Procedure, 1908, states “Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.” This section clearly shows that plaint is very much necessary for the establishment of a suit before the civil or commercial court. This shows that the plaint is a necessary component for the successful initiation of suits in commercial or civil courts and plays a very important role throughout the suit. It must contain all the details prescribed in the Order VII Rules 1 to 8.

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In this article w shall study the terminology of the code of civil procedure. These are the terms and phrases used in civil proceedings, decree, and judgment.

Abatement of a Suit:

Thus the termination of a suit by operation of the law caused by the death of one of the parties during the pendency of the suit is called the abatement of the suit.

Adjournment of Hearing:

An adjournment of hearing or adjournment of the suit is the postponement of the hearing of the suit to a future date by the Court.

Affidavit:

An affidavit is a declaration of facts, reduced to writing and sworn or affirmed before a person having authority to administer oaths, as for instance, a Magistrate or a Notary Public.

Appeal:

An appeal is a judicial examination of the decision of a lower court by a higher court.

Attachment:

Attachment means restraining or holding some rights over any asset or recoverable amount.

Attachment Before Judgment:

Attachment before judgment is the attachment of property of the defendant when he fails to furnish security to the court, sufficient to satisfy the decree.

Cause of Action:

The cause of action is an act, action, or omission, that gives rise to the institution of a suit.

Caveat:

The caveat is a caution in writing given by an interested party to the court, calling upon the court not to give any relief to another party, without notice or intimation to the party filing the caveat. The person filing a caveat is called a caveator.

Code:

According to Sectio 2(1) of the Civil Procedure Code, 1908, “Code” includes rules.

Commission:

As per the Civil Procedure Code a commission, refers to an authority which is appointed to exercise a power or a direction issued by the Court.

Counter-Claim:

Counter-claim is the cross-claim made by the defendant against the plaintiff and this claim is treated as a plaint filed by the defendant against the plaintiff.

Decree:

According to Sectio 2(2) of the Civil Procedure Code, 1908, “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.

Decree Holder or Judgment Creditor:

According to Section 2(3) of the Code of Civil Procedure, 1908, a “decree-holder” means any person in whose favour a decree has been passed or an order capable of execution has been made.

Defendant:

The litigant against whom the plaintiff has filed suit is called the defendant.

District:

According to Sectio 2(4) of the Civil Procedure Code, 1908, “district” means the local limits of jurisdiction of a principal Civil Court of original jurisdiction(hereinafter called a “District Court”) and includes the local limits of the ordinary civil jurisdiction of a High Court.

Evasive Denials:

When a defendant files a written statement, he must deal with each allegation specifically with each allegation of the plaintiff, that is, he must admit or deny each and every allegation contained in the plaint. If he skips answer to some allegations made by the plaintiff, then it is called evasive denial.

Execution:

The term ‘execution’ refers to the process of enforcing or giving effect to judgment, decree, or order of a court.

Execution of Decree:

Execution of Decree is the enforcement of Decree and Orders of the Court enabling the Decree holder to realize the fruits of decree.

Ex-parte:

An order or a decree is said to be passed ex parte when it is passed after hearing only one side, and not the other.

Ex Parte Decree:

Ex parte decree is a decree passed by a Court on a defendant being absent when the suit is called out for the hearing.

Foreign Court:

According to Section 2(5) of the Civil Procedure Code, 1908, “foreign Court” means a Court situate outside India and rot established or continued by the authority of the Central Government

Foreign Judgment:

According to Section 2(6) of the Civil Procedure Code, 1908, ” foreign judgment ” means the judgment of a foreign Court.

Garnishee:

Garnishee is a person who is a debtor of the judgment debtor.

Garnishee Order:

A garnishee order is an order by which a court can call upon the garnishee not to pay the amount due to the judgment debtor from the garnishee but instead to pay the judgment creditor.

Government Pleader:

According to Section 2(6) of the Civil Procedure Code, 1908, “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

Indigent Person or Pauper:

An indigent person is one who does not have sufficient means to pay the court fees in respect of the plaint being filed by him.

Injunction:

An injunction is an order of a court calling upon a party to do or to refrain from doing a particular act.

Interpleader suit:

An interpleader suit is one where the real dispute is between the defendants only, and therefore, the defendants “interplead”, that is, they plead against each other, instead of pleading against the plaintiff as in an ordinary suit.

Issues:

The term “issue” means a point of the question in the legal proceedings or issues are material propositions of facts affirmed by one party and denied by the other.

Judge:

According to Section 2(8) of the Code of Civil Procedure, 1908, “Judge” means the presiding officer of a Civil Court.

Judgment:

According to Section 2(9) of the Code of Civil Procedure, 1908, “judgment ” means the statement given by the Judge of the grounds of a decree or order

Judgment Debtor:

According to Section 2(10) of the Code of Civil Procedure, 1908, a “judgment-debtor” means any person against whom a decree has been passed or an order capable of execution has been made;

Jurisdiction:

Jurisdiction, in law, is the authority of a court to entertain, hear and determine cases (suits or other proceedings). This authority is based on the Constitution.

Jurisdictional Fact:

The existence of a fact which gives authority to a court to try and dispose of a particular legal proceeding is called jurisdictional fact.

Legal Representative:

According to Section 2(11) of the Code of Civil Procedure, 1908, ” 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

Letter of Request or Rogatory Letter:

A letter of request is a letter issued by a court in one country to a court in a foreign country requesting some judicial assistance from the judiciary of that country.

Litigant:

A litigant is a party to a lawsuit. It is a person engaged in a suit or petition before the Court.

Litigation:

Litigation is a judicial proceeding undertaken in court to determine the rights, duties and obligations of parties in dispute.

Mesne Profits:

According to Section 2(12) of the Code of Civil Procedure, 1908, ” 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 there from, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession.

Next Friend of Minor or Guardian ad litem:

The next friend of the minor is that person who files a suit on behalf of a minor.

Order:

According to Section 2(14) of the Code of Civil Procedure, 1908, ” order ” means the formal expression of any decision of a Civil Court which is not a decree.

Petitioner:

In the case where a petition is filed for example say writ petition, then the person filing it is called the petitioner.

Plaint:

A plaint is a statement of claim. It is the document by which a suit is instituted in a court. It contains the grounds on which the assistance of the Court is sought by the plaintiff. It forms part of pleadings before the Court.

Plaintiff:

The litigant who approaches a court of law by filing a suit or other legal proceedings is called the plaintiff.

Pleader:

According to Section 2(15) of the Code of Civil Procedure, 1908, “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.

Pleadings:

The term “Pleadings” as used in the Code refers to the plaint or written statement. They are to be signed and verified as provided in the Code.

Preliminary Decree:

A preliminary decree is that decree given by the court when further proceedings are required before a suit can be completely disposed of.

Precept:

A precept is an order or direction given by the court which passes a decree to any other court competent to execute the decree.

Public Officer:

According to Section 2(17) of the Code of Civil Procedure, 1908,

” public officer ” means a person falling under any of the following descriptions, namely:-

(a) every Judge;

(b) every member of the Indian Civil 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 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:

Reference:

When the subordinate court in order to take assistance refers the case to the High Court, it is called the reference. The opinion of the High Court can also be sought when the subordinate court has some doubts about the question of law. Reference is always made to the High Court.

Respondent:

The party against whom a petition is filed is called the respondent.

Restitution:

The literal meaning of restitution is an act of restoring a thing to its proper owner.

Review:

“review” is the process of judicial re-examination of a case by the same court and by the same judge who has passed the judgment or order earlier.

Revision:

A revision is said to take place when the High Court calls for the record of any case decided by a subordinate court and passes an appropriate order if the subordinate court has exercised a jurisdiction not vested in it or has failed to exercise a jurisdiction so vested or has acted in the exercise of its jurisdiction illegally or material irregularity.

Rules:

According to Sectio 2(18) of the Civil Procedure Code, 1908, “rules” means rules and forms contained in the First Schedule or made under section 122 or section 125.

Set-off:

Set-off is a defence available to the defendant in his written statement, by which he seeks to wipe out or reduce the claim of the plaintiff against him.

Share in Corporation:

According to Sectio 2(19) of the Civil Procedure Code, 1908, “share in a corporation” shall be deemed to include stock, debenture stock, debenture bonds.

Summary Suit or Summary Procedure:

A summary suit is a suit where the defendant cannot defend the suit as a matter of right and requires the leave of the court to do so. It is to prevent unreasonable obstruction by the defendant who has no defence.

Summons:

A summons is a document issued by an officer of a court, calling upon the person to whom it is directed to appear before the court or an officer of the court for a particular purpose on a stated date at a stated time.

Written Statement:

A written statement is the reply or defence of the defendant in answer to the plaint or the plaintiff. It constitutes the pleading filed by the defendant.

Indian Legal System > Civil Laws > The Code of Civil Procedure > Terminology of CPC

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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.

To Read About More on Decree Click Here

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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