Section 2 CPC — Definitions

Introduction

Section 2 of the Code of Civil Procedure, 1908 contains definitions of important expressions used throughout the Code. These definitions are essential because several CPC provisions use technical terms whose legal meaning may differ from their ordinary meaning.

The opening words of Section 2 make the definitions subject to context. The Section begins with the qualification that the definitions apply “unless there is anything repugnant in the subject or context.” This means that where the subject matter or context requires a different meaning, the defined expression may be understood differently.

Section 2 is therefore one of the most important provisions for understanding the language of the CPC. Terms such as decree, judgment, order, decree-holder, judgment-debtor, legal representative, mesne profits, foreign judgment and pleader acquire their specific procedural meaning from this provision.

Section at a Glance

Particular	Details
Section	Section 2 CPC
Subject	Definitions
Nature	Interpretative and definitional provision
Main purpose	Defines important expressions used in the CPC
Opening qualification	Definitions apply unless the subject or context is repugnant
Important concepts	Decree, judgment, order, decree-holder, judgment-debtor, legal representative, mesne profits, foreign judgment and others

Statutory Provision

Section 2 provides definitions of various expressions used in the Code.

Some of the definitions are particularly significant in civil procedure because they determine whether a particular decision amounts to a decree, whether a person is a decree-holder or judgment-debtor, whether a person qualifies as a legal representative, and what constitutes mesne profits.

The most important definitions are explained below.

Meaning and Importance of Section 2 CPC

Section 2 is not merely a list of dictionary meanings. Its definitions have legal consequences.

For example, whether a decision qualifies as a decree determines the nature of the decision and the applicable appellate or execution framework. Similarly, whether a person is a legal representative can affect proceedings where a party to a suit dies.

The definitions should therefore be read in connection with the substantive and procedural provisions in which the defined expressions are used.

Important Definitions Under Section 2

1. Decree — Section 2(2)

A 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.

A decree may be either:

• preliminary, or
• final.

The definition also specifically treats the rejection of a plaint and the determination of certain questions under Section 144 as decrees.

However, the definition excludes:

• an adjudication from which an appeal lies as an appeal from an order; and
• an order of dismissal for default.

Essential Elements of a Decree

A decision must satisfy the basic requirements of the statutory definition.

1. There must be an adjudication

The Court must have judicially determined a matter.

2. The adjudication must determine rights

The determination must concern the rights of the parties regarding matters in controversy in the suit.

3. The determination must be conclusive

The decision must conclusively determine the relevant rights so far as the Court passing it is concerned.

4. There must be a formal expression

The adjudication must be formally expressed as a decree.

These elements must be considered together when determining whether a particular decision amounts to a decree.

Preliminary and Final Decree

A preliminary decree is passed when further proceedings have to take place before the suit can be completely disposed of.

A final decree is passed when the adjudication completely disposes of the suit.

A decree may also be partly preliminary and partly final.

Rejection of Plaint as Decree

Section 2(2) expressly includes the rejection of a plaint within the definition of decree.

This is important because rejection of a plaint is different from dismissal of a suit for default. The former is treated as a decree for the purposes of the CPC definition, while an order of dismissal for default is expressly excluded.

2. Decree-holder — Section 2(3)

A decree-holder means a person in whose favour a decree has been passed or an order capable of execution has been made.

The expression is particularly important during execution proceedings.

A person who obtains a decree in his or her favour may become the decree-holder and can seek enforcement of the decree in accordance with the CPC.

3. District — Section 2(4)

“District” means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction, referred to as the District Court.

It also includes the local limits of the ordinary original civil jurisdiction of a High Court.

The definition is relevant because several provisions of the CPC use the concept of a district when determining territorial jurisdiction and procedural authority.

4. Foreign Court — Section 2(5)

A foreign Court means a Court situated beyond the limits of India and not established or continued by the authority of the Central Government.

The definition becomes particularly relevant in matters concerning foreign judgments and their recognition or enforcement in India.

5. Foreign Judgment — Section 2(6)

A foreign judgment means the judgment of a foreign Court.

Sections 13 and 14 of the CPC deal specifically with foreign judgments.

Section 13 sets out circumstances in which a foreign judgment is not conclusive, while Section 14 deals with the presumption regarding a foreign judgment.

6. Government Pleader — Section 2(7)

“Government Pleader” includes any officer appointed by the State Government to perform any of the functions expressly imposed by the CPC on the Government Pleader.

The expression also includes any pleader acting under the directions of the Government Pleader.

The definition is relevant to proceedings involving the Government.

7. Judgment — Section 2(9)

A judgment means the statement given by the Judge of the grounds of a decree or order.

This definition is important because a judgment contains the reasoning on the basis of which the Court arrives at its decision.

A useful distinction is:

Judgment → gives the reasons

Decree → formally expresses the adjudication determining rights

Thus, judgment and decree are connected but are not identical.

8. Judgment-debtor — Section 2(10)

A judgment-debtor means any person against whom a decree has been passed or an order capable of execution has been made.

The term is particularly relevant during execution proceedings.

The basic distinction is:

• Decree-holder: person in whose favour the executable decree or order has been made.
• Judgment-debtor: person against whom the executable decree or order has been made.

9. Legal Representative — Section 2(11)

A legal representative means a person who in law represents the estate of a deceased person.

The definition also includes:

• a 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 after the death of that party.

The concept is particularly important when a party to a proceeding dies.

A legal representative does not necessarily mean only a legal heir. The statutory definition is wider and focuses on representation of the estate.

Why Legal Representative Matters

Where a party dies during litigation, questions may arise concerning:

• continuation of the proceeding;
• substitution of the deceased party’s representative;
• execution of a decree against the estate; and
• the extent of liability of the legal representative.

The expression must therefore be understood in its statutory sense rather than being equated automatically with “legal heir”.

10. Mesne Profits — Section 2(12)

Mesne profits means the profits which the person in wrongful possession of property actually received or might with ordinary diligence have received from it, together with interest on such profits.

However, mesne profits do not include profits attributable to improvements made by the person in wrongful possession.

The essential idea is compensation for the benefit obtained from wrongful possession of property.

Example

A wrongfully remains in possession of B’s property after his right to remain in possession has ended. A earns income from the property during the period of wrongful possession.

The amount that A actually received, or could reasonably have received with ordinary diligence, may form part of the mesne profits, subject to the requirements of law.

11. Movable Property — Section 2(13)

For the purposes of the CPC, movable property includes growing crops.

The definition is relevant where CPC provisions distinguish between movable and immovable property.

The statutory meaning should be applied rather than automatically relying on an ordinary-language understanding of movable property.

12. Order — Section 2(14)

An order means the formal expression of any decision of a Civil Court which is not a decree.

This definition is important because the CPC distinguishes between a decree and an order.

The distinction can affect:

• the right of appeal;
• execution;
• procedural remedies; and
• the provisions applicable to the decision.

Decree vs Order

Basis	Decree	Order
Definition	Formal expression of an adjudication conclusively determining rights in matters in controversy in the suit	Formal expression of a decision of a Civil Court which is not a decree
Nature	Must satisfy the statutory requirements of Section 2(2)	Covers decisions that do not qualify as decrees
Preliminary/final	May be preliminary or final	No equivalent classification under Section 2(14)
Appeal	Appeals from decrees are primarily governed by provisions such as Section 96	Appeals from specified orders are governed by Section 104 and the relevant provisions
Example	Preliminary decree in a partition suit	An order granting or refusing a procedural application, where it does not amount to a decree

Not every judicial decision is a decree. Where a decision does not satisfy the definition of decree, it may fall within the definition of order if it is a formal expression of a Civil Court’s decision.

13. Pleader — Section 2(15)

“Pleader” means a person who is entitled to appear and plead for another before a Court.

The statutory definition includes:

• an advocate;
• a vakil; and
• an attorney of a High Court.

The precise application of the expression depends on the context and the procedural provisions in which it is used.

14. Prescribed — Section 2(16)

The expression “prescribed” means prescribed by rules.

This is important because the CPC frequently leaves procedural details to rules made under the authority of the Code.

Therefore, when a CPC provision states that something must be done in the “prescribed” manner or within the “prescribed” period, the relevant rules must also be examined.

15. Rules — Section 2(17)

“Rules” means rules and forms contained in the First Schedule or made under Section 122 or Section 125.

The definition connects the main body of the CPC with the procedural rules contained in the First Schedule and rules made under the relevant rule-making provisions.

This is why the CPC cannot always be understood by reading only its Sections. The Orders and Rules in the First Schedule form an important part of civil procedure.

Decree, Judgment and Order: The Core Distinction

These three concepts are frequently confused.

Judgment

A judgment is the statement of the grounds of a decree or order.

Decree

A decree is the formal expression of an adjudication conclusively determining rights in matters in controversy in the suit, subject to the statutory definition.

Order

An order is the formal expression of a decision of a Civil Court which is not a decree.

A simple way to remember the distinction is:

Judgment = reasons

Decree = formal determination of rights in the suit

Order = formal decision that does not amount to a decree

Decree-holder and Judgment-debtor: The Core Distinction

These expressions are particularly important in execution proceedings.

Basis	Decree-holder	Judgment-debtor
Meaning	Person in whose favour a decree or executable order is made	Person against whom a decree or executable order is made
Position	Beneficiary of the decree	Person bound by the decree
Main relevance	Seeks execution/enforcement	Faces execution/enforcement
Example	A obtains a money decree against B	B is the judgment-debtor

Legal Representative vs Legal Heir

A common misconception is that “legal representative” and “legal heir” always mean the same thing.

They do not.

Section 2(11) defines legal representative in terms of a person who legally represents the estate of the deceased. The definition expressly extends to an intermeddler with the estate and other persons falling within its statutory scope.

Therefore, the expression is wider than a simple reference to heirs under succession law.

How Section 2 CPC Operates

The definitions in Section 2 should generally be applied in the following manner:

1. Identify the expression used in the relevant CPC provision.
2. Locate its definition in Section 2.
3. Apply the statutory meaning.
4. Check whether the subject or context requires a different interpretation.
5. Read the definition together with the provision in which the expression occurs.
6. Consider relevant judicial interpretation where the meaning or application is disputed.

The opening qualification of Section 2 is important because definitions are not intended to operate mechanically where the subject or context makes their ordinary statutory meaning inappropriate.

Exceptions and Limitations

Contextual Qualification

The definitions in Section 2 operate unless there is anything repugnant in the subject or context.

This qualification prevents the definitions from being applied mechanically in every possible situation.

Not Every Court Decision Is a Decree

A decision becomes a decree only when it satisfies the requirements of Section 2(2).

The statutory exclusions are equally important. An adjudication appealable as an appeal from an order and an order dismissing a suit for default are excluded from the definition of decree.

Preliminary and Final Decrees

A decree does not have to be final in the sense of completely disposing of the suit. Section 2(2) expressly recognises both preliminary and final decrees.

A decree may also be partly preliminary and partly final.

Related CPC Provisions

Section 33 — Judgment and Decree

Section 33 deals with judgment and decree. Its connection with Section 2 is direct because Section 2 defines both expressions.

Section 47 — Questions Relating to Execution

Section 47 deals with questions arising between the parties to a suit relating to the execution, discharge or satisfaction of the decree. The definitions of decree-holder and judgment-debtor therefore become particularly relevant.

Section 50 — Legal Representative

Section 50 deals with execution of a decree against a legal representative. Its application depends on understanding the definition of legal representative under Section 2(11).

Section 44A — Foreign Decrees

Section 44A concerns execution of decrees passed by Courts in reciprocating territories. The concepts of foreign Court and foreign judgment under Section 2 become relevant in understanding the broader framework governing foreign adjudications.

Section 144 — Restitution

Section 2(2) specifically refers to the determination of questions under Section 144 in the definition of decree. This creates a direct connection between the definition of decree and the restitutionary jurisdiction of the Court.

Section 104 — Orders from Which Appeal Lies

The distinction between decree and order becomes important when considering appellate remedies. Section 104 deals with specified orders from which an appeal lies.

Important Case Laws on Section 2

Shankar Balwant Lokhande v. Chandrakant Shankar Lokhande

Principle: The Supreme Court explained the distinction between preliminary and final decrees. A decree is preliminary when further proceedings are required before the suit can be completely disposed of, while a final decree completely disposes of the suit.

Relevance to Section 2: The case helps understand the statutory explanation attached to the definition of decree.

Phoolchand v. Gopal Lal

Principle: The Supreme Court recognised that there can be more than one preliminary decree in appropriate circumstances where the nature of the suit and subsequent events require further adjudication before a final decree can be passed.

Relevance to Section 2: The decision illustrates the operation of the distinction between preliminary and final decrees.

Venkata Reddy v. Pethi Reddy

Principle: The Supreme Court explained the legal character of a preliminary decree and recognised that, once passed, it has important legal consequences in relation to the rights determined by it.

Relevance to Section 2: The case is useful for understanding why a preliminary decree is nevertheless a decree even though further proceedings remain.

Madan Naik v. Hansubala Devi

Principle: The Supreme Court discussed the concept of a decree and the distinction between a decree and an order in the context of appellate rights.

Relevance to Section 2: It demonstrates why the statutory classification of a judicial decision matters for determining the appropriate procedural remedy.

Practical Examples

Example 1 — Decree

A files a partition suit against B and C. The Court determines the shares of the parties and passes a preliminary decree declaring those shares. The decision qualifies as a preliminary decree because further proceedings are required before the property is completely partitioned.

Example 2 — Judgment

After hearing the parties, the Judge gives reasons explaining why A is entitled to relief. Those reasons constitute the judgment. The formal adjudication is expressed through the decree or order, as the case may be.

Example 3 — Judgment-debtor

A obtains a money decree against B for ₹5 lakh. A is the decree-holder and B is the judgment-debtor.

Example 4 — Legal Representative

A dies while civil proceedings are pending. A person who legally represents A’s estate may be brought into the proceedings in accordance with the applicable procedural provisions. Whether that person qualifies as a legal representative depends on Section 2(11), not merely on whether the person is described as an heir.

Example 5 — Mesne Profits

A wrongfully occupies B’s property and earns rental income from it. The amount A actually receives, or could have received with ordinary diligence, may be relevant when determining mesne profits.

Common Confusions

Decree vs Judgment

A judgment contains the reasons supporting the Court’s decision. A decree is the formal expression of the adjudication determining rights in the suit.

Decree vs Order

A decree satisfies the specific requirements of Section 2(2). An order is the formal expression of a decision of a Civil Court which is not a decree.

Decree-holder vs Judgment-debtor

The decree-holder is the person in whose favour the decree is passed. The judgment-debtor is the person against whom the decree is passed.

Legal Representative vs Legal Heir

A legal representative is defined by Section 2(11) in terms of representation of the estate and is not automatically synonymous with legal heir.

Mesne Profits vs Ordinary Profits

Mesne profits arise from wrongful possession. They are not simply every profit earned from property.

Practical Importance in Civil Litigation

Section 2 affects civil litigation at several stages.

During Trial

The distinction between judgment, decree and order helps determine what the Court has actually decided and what procedural consequence follows.

During Appeal

Whether a decision is a decree or an order can determine which appellate provision applies.

During Execution

The definitions of decree-holder, judgment-debtor and legal representative become especially important.

In Property Disputes

The definition of mesne profits is frequently relevant in suits involving wrongful possession of property.

In Cross-Border Litigation

The definitions of foreign Court and foreign judgment become relevant when dealing with judgments delivered outside India.

Importance for Law Students and Judiciary Exams

Section 2 is one of the most important definitional provisions in the CPC and should be memorised selectively rather than mechanically.

What to Remember

• Section 2 contains important definitions used throughout the CPC.
• The definitions are subject to the qualification relating to the subject or context.
• A decree conclusively determines rights in matters in controversy in the suit.
• A decree may be preliminary, final, or partly preliminary and partly final.
• Rejection of a plaint is included within the definition of decree.
• Dismissal for default is excluded from the definition of decree.
• A judgment contains the grounds of a decree or order.
• An order is a formal expression of a Civil Court’s decision which is not a decree.
• A decree-holder is a person in whose favour a decree or executable order is made.
• A judgment-debtor is a person against whom a decree or executable order is made.
• A legal representative represents the estate of a deceased person in the manner recognised by Section 2(11).
• Mesne profits relate to profits from wrongful possession.

Important Questions to Prepare

1. What is a decree under Section 2(2) CPC?
2. What are the essential elements of a decree?
3. Distinguish between a preliminary decree and a final decree.
4. Is rejection of a plaint a decree? Explain.
5. Is dismissal of a suit for default a decree?
6. Distinguish between a decree and an order.
7. Distinguish between a judgment and a decree.
8. Who is a decree-holder?
9. Who is a judgment-debtor?
10. Who is a legal representative under Section 2(11)?
11. What are mesne profits?
12. What is meant by a foreign judgment?
13. Explain the importance of the words “unless there is anything repugnant in the subject or context”.
14. Explain the distinction between a legal representative and a legal heir.

Key Legal Principles

1. Definitions are subject to context

The expressions defined in Section 2 are ordinarily given their statutory meaning, but the opening qualification allows the subject or context to control where necessary.

2. Decree requires conclusive adjudication of rights

A decision does not become a decree merely because it is made by a Civil Court. It must satisfy the statutory requirements of Section 2(2).

3. A decree may be preliminary or final

A decree can exist even though further proceedings are required to completely dispose of the suit.

4. Judgment and decree are different

A judgment states the grounds of the Court’s decision, whereas a decree formally expresses the adjudication determining rights in the suit.

5. Every order is not a decree

The statutory definition distinguishes an order from a decree, and this distinction can have important consequences for appellate and procedural remedies.

6. Legal representative is wider than legal heir

The statutory concept focuses on representation of the estate and expressly includes persons falling within the definition beyond a narrow category of heirs.

7. Mesne profits arise from wrongful possession

The concept compensates for profits received or reasonably obtainable from property while it is in wrongful possession.

Key Takeaways

Concept	Principle
Section	Section 2 CPC
Main purpose	Defines important expressions used in the CPC
Decree	Formal expression of an adjudication conclusively determining rights in matters in controversy in the suit
Preliminary decree	Further proceedings remain before complete disposal of the suit
Final decree	Completely disposes of the suit
Judgment	Statement of the grounds of a decree or order
Order	Formal expression of a Civil Court decision which is not a decree
Decree-holder	Person in whose favour a decree or executable order is made
Judgment-debtor	Person against whom a decree or executable order is made
Legal representative	Person who legally represents the estate of a deceased person
Mesne profits	Profits received or reasonably obtainable from wrongful possession
Key qualification	Definitions operate unless repugnant to the subject or context

ALSO READ: Section 1 – Short Title, Commencement and Extent

Conclusion

Section 2 provides the vocabulary through which much of the Code of Civil Procedure must be understood. Its definitions are not merely technical descriptions; they determine the legal character and procedural consequences of important concepts used throughout civil litigation.

For examinations, the most important distinctions are judgment and decree, decree and order, decree-holder and judgment-debtor, preliminary and final decree, and legal representative and legal heir. For practical litigation, these definitions become particularly significant in matters involving appeals, execution, deceased parties, property disputes and foreign judgments.

A strong understanding of Section 2 makes it easier to read and apply almost every subsequent provision of the CPC.