Section 2 of the Civil Procedure Code, 1908 (CPC) provides definitions of key legal terms used in the Code. These definitions are essential for understanding the procedural aspects of civil litigation in India. Below are the important definitions under Section 2 of CPC, along with explanations and relevant case laws where applicable.
1. Decree (Section 2(2))
A decree is the formal expression of an adjudication that conclusively determines the rights of the parties concerning any matter in controversy in a civil suit.
Essential Features of a Decree
- It must be a formal adjudication by a court.
- It must determine the rights of the parties.
- It must be in relation to a civil suit.
- The adjudication must be conclusive in nature.
Types of Decrees
- Preliminary Decree – Determines rights but leaves further proceedings.
- Final Decree – Completely disposes of the suit.
- Partly Preliminary and Partly Final – A decree that has both elements of preliminary and final.
Case Law:
- Satyanarayan v. Man Singh (2009) – The Supreme Court held that for an order to qualify as a decree, it must conclusively determine the rights of the parties.
2. Judgment (Section 2(9))
A judgment is the statement given by the judge on the grounds of a decree or order.
Essential Elements of a Judgment
- Statement of Facts – The facts of the case must be clearly mentioned.
- Issues Raised – The legal points in dispute must be identified.
- Decision on Issues – The reasoning for the decision must be explained.
- Final Conclusion – The ultimate ruling or verdict by the court.
Case Law:
- Balraj Taneja v. Sunil Madan (1999) – The Supreme Court held that a judgment must include reasons and legal justification for the decision.
3. Order (Section 2(14))
An order is a formal expression of a decision of a civil court that does not qualify as a decree.
Difference Between Decree & Order
| Aspect | Decree | Order |
|---|---|---|
| Decides rights conclusively | Yes | No |
| Includes preliminary decree | Yes | No |
| Can be multiple orders in a suit | No | Yes |
| Defined under | Section 2(2) | Section 2(14) |
Case Law:
- State of UP v. M. K. Anthony (1985) – The Supreme Court clarified that not all judicial orders qualify as decrees.
4. Plaint (Not Specifically Defined in Section 2)
A plaint is the written complaint or claim presented by the plaintiff in a civil suit. It serves as the foundation of the case.
Essential Elements of a Plaint
- Name of the court and parties.
- Description of the parties.
- Statement of facts.
- The cause of action.
- The relief sought.
Case Law:
- Dahiben v. Arvindbhai Kalyanji Bhanusali (2020) – The Supreme Court emphasized that a well-drafted plaint must clearly disclose the cause of action.
5. Defendant (Section 2(4))
A defendant is the person against whom a civil suit is filed.
- The defendant may be one or more persons.
- In certain cases, the defendant may be a legal entity like a company or government body.
Case Law:
- K.K. Modi v. K.N. Modi (1998) – The Supreme Court clarified the responsibilities of a defendant in civil cases.
6. Plaintiff (Not Specifically Defined in Section 2)
A plaintiff is the person who initiates a civil suit by filing a plaint in the court.
- A plaintiff must have a legal right to sue.
- If multiple plaintiffs exist, they must share a common cause of action.
Case Law:
- B.K. Narayana Pillai v. Parameswaran Pillai (2000) – The Supreme Court ruled that a plaintiff must disclose all necessary facts in the plaint.
7. Mesne Profits (Section 2(12))
Mesne profits refer to the profits that a person in wrongful possession of property derives or could have derived.
Key Aspects
- It includes actual profits derived.
- It includes damages for unlawful possession.
- It excludes improvements made by the wrongful possessor.
Case Law:
- R.S. Maddanappa v. Chandramma (1965) – The Supreme Court held that a claim for mesne profits arises from wrongful possession.
8. Legal Representative (Section 2(11))
A legal representative is a person who legally represents the estate of a deceased party in a suit.
Types of Legal Representatives
- Executors or Administrators – Appointed under a will.
- Heirs or Successors – Inherited property rights.
- Assignees or Trustees – Authorized to act legally.
Case Law:
- Gurpreet Singh v. Chatur Bhuj Goel (1988) – The Supreme Court explained the role of legal representatives in pending suits.
9. Foreign Court (Section 2(5))
A foreign court is a court that is not established within India and is not governed by Indian laws.
Example:
A court in the United Kingdom or United States will be considered a foreign court in India.
Case Law:
- Bharat Nidhi Ltd. v. Meghraj (1965) – The Supreme Court ruled that a decree from a foreign court must comply with Indian legal standards for enforcement.
10. Foreign Judgment (Section 2(6))
A foreign judgment is a judgment delivered by a foreign court concerning a civil case.
Essential Features of a Foreign Judgment
- Must be pronounced by a legally competent court.
- Must not be obtained by fraud.
- Must not violate Indian public policy.
Case Law:
- Dadu Dayalu Mahasabha v. Mahant Ram Niwas (2008) – The Supreme Court held that foreign judgments can be challenged in India if they violate Indian laws.
Conclusion
The definitions under Section 2 of CPC provide clarity on key procedural aspects of civil litigation in India. Understanding these terms is essential for lawyers, judges, and litigants as they form the foundation of the civil judicial process. These definitions have been refined through judicial interpretation over time, making them integral to Indian civil law.