A lot of lawyers are not aware of the real meanings of the many terms that are uses in court. Therefore, this article will clarify every key phrase that is frequently employed in the daily life of an advocate.
Contents
- 1 Code-Section 2(1)
- 2 Decree – Section 2(2)
- 3 Decree-Holder – Section 2(3)
- 4 District – Section 2(4)
- 5 Foreign Court–Section 2(5)
- 6 Foreign Judgment–Section 2(6)
- 7 Government Pleader – Section 2(7)
- 8 Judge – Section 2(8)
- 9 Judgement – Section 2(9)
- 10 Judgment debtor – Section 2(10)
- 11 Legal representative–Section 2(11)
- 12 Mesne profits – Section 2(12)
Code-Section 2(1)
In this section, it is said the phrase “Code” includes rules.
Explanation:
Rules form part of sections, as per Section 121. Moreover, the high court has the power to amend the rules as per Section 122.
The difference between the sections as well as orders is the the sections give jurisdiction while the rules specify the manner that it should be carried out. The section and the rules are to be read in tandem.
Sections can be modified by the legislature, as rules, being subordinate legislation, can be modified by the supreme court.
Decree – Section 2(2)
“Decree” means the formal declaration of an adjudication by the judge. It definitively determines the legal rights and obligations of parties in regards to all or some of the issues pertinent to a lawsuit. The decision could be either final or preliminary.
Furthermore, it covers the denial of a complaint which addresses a matter subject to section 144 and Rules 60, 98 and 99, 101 or 103 of the Order XXI.
The following items are not part of the decree’s definition “decree”:
- any adjudication that forms used as the foundation for appeals, like an appeal against an or order
- any default-related dismissal orders.
Explanation:
If additional actions are needed before a lawsuit is completely resolved, a decree is deemed to be preliminary. If, however, the adjudication completely resolves the issue and is considered to be final, it will be deemed. It could also be final and also preliminary.
Decree-Holder – Section 2(3)
“Decree holder” refers to the person to who the court has ruled in an order, or decree which is legally binding (executed).
Explanation:
A person may file an application for execution of the degree in the event that the debtor in judgment fails to comply with the obligations stipulated in the decree. This is known as an execution petition. This can be referred to as the last step in litigation.
District – Section 2(4)
“District” refers to the local boundaries of the jurisdiction the civil court with original jurisdiction (henceforth called “the District Court”) has given. It covers the local boundaries of the civil authority of the High Court.
Explanation:
In accordance with the Code of Civil Procedure (CPC) 1908, it is a reference to the authority of the Principal Civil Court (District Court) that handles most civil suits within the region, and also is able to rule over other civil courts in the. Section 9 CPC is, contrary to what is stated provides courts with the general authority to hear any civil suit, unless it is excluded, and establishes the legality of filing lawsuits that are based on the subject matter or on the domicile of the defendant.
Foreign Court–Section 2(5)
“Foreign court” means a court which is located outside India but is not set up or operated under the jurisdiction by the government central to India.
Explanation:
Section 13 (conclusiveness and jurisdiction, as well as merits) Section 14 (presumption of the validity) along with Section 44A (reciprocating territories) provide that”foreign judgment” means is the decision of any court outside of India which is not administered through Central Government.
These provisions allow Indian courts to consider foreign judgements as binding except when they infringe on natural justice, involve fraud, or do not have jurisdiction, while also facilitating cross-border trade.
Foreign Judgment–Section 2(6)
It is easy to comprehend that the court in another country made the decision.
Explanation:
A decision of an outside court in India can be declared in India as final (Section 13) in the event that it comes from a territory that is reciprocating (Section 44A) or not. There are however some exceptions, including fraud or a breach in natural justice or absence of a competent jurisdiction. In non-reciprocating jurisdictions, the execution of the judgment generally requires filing the case again.
Government Pleader – Section 2(7)
Any official appointed by the government of the state to carry out any or all of the duties required by the 1908 Code of Civil Procedure. This includes all pleaders who comply to the guidelines of the pleader from the government.
Explanation:
2. 2(7) defines an attorney appointed by the state who represents the public or government officials in the court. Order XXVII provides the precise guidelines for government-related lawsuits and guarantees a timely notice (Section 80) and allowing to settle, with the aim of protecting people’s interests and the resources from unnecessary lawsuits.
Judge – Section 2(8)
the civil court’s chief judge.
Explanation:
“Judge” refers to the judge for a civil tribunal, who is legally able to make final decisions which range between district judge to civil judges (subordinate judges). The CPC establishes judicial roles and the procedures of courts. It also defines their power and authority (such for example, Section 9 regarding hearing civil lawsuits) and the procedures applicable to various civil issues.
Judgement – Section 2(9)
A judge’s statement providing reasons for a decree or an order.
Explanation:
A judgment is a judge’s declaration of the motives to issue an order or decree and is the basis of the formal decree which follows pursuant to Section 33. It describes the evidence, facts, and the reasoning behind the decision made on all matters.
Judgment debtor – Section 2(10)
Any person for whom a court order or order is made.
Explanation:
An Judgment Debtor (JD) is one who is the subject of a court decision in the Indian Code of Civil Procedure (CPC). It is an individual legally bound to comply with the terms of the judgment (pay the money or take an action in accordance with the court order).
Legal representative–Section 2(11)
Someone who is a representative of a deceased person’s estate.
Explanation:
Section 2(11) of the Indian Code of Civil Procedure (CPC) defines”legal representative” (LR) as anyone who, as per law, is the representative of the deceased estate individual and includes people who impede on the estate or upon who the estate is devolved. This definition is crucial to pursue legal action after an individual dies.
Mesne profits – Section 2(12)
Anyone who is in the wrong possession of property has to pay damages to the legitimate owner. This compensation is known as mesne profits.
Explanation:
Mesne profits are described under Section 2(12) as the amount paid by wrongdeor. Basically, the amount which a person who is in the wrong possession of property earns and interest. However it does not including improvements made by the wrongdoer.
The valuation of mesne profits is a matter of judicial discretion. It is a form of compensation for the rightful owner being kept away from the property.