Section 2 CPC: Definitions Explained
Section 2 of the Code of Civil Procedure, 1908 defines important expressions used throughout civil litigation in India, including decree, judgment, order, legal representative and mesne profits.
The section begins with the qualification: "In this Act, unless there is anything repugnant in the subject or context". Thus, the statutory meanings apply unless the context requires otherwise.
Primary legal source: Code of Civil Procedure, 1908 (India Code, official PDF). Check the latest amendments and applicable State variations before relying on any provision.
Difference between decree, judgment and order
Decree (Section 2(2)): a formal adjudication conclusively determining the rights of parties regarding matters in controversy in a suit, subject to statutory inclusions and exclusions.
Judgment (Section 2(9)): the judge's statement of the grounds for a decree or order.
Order (Section 2(14)): a formal decision of a civil court that is not a decree. Appealability depends on the relevant statutory provisions, not merely on the label.
Section 2 CPC: Clause-by-clause definitions
The definitions below follow the numbering of Section 2. Historical territorial wording is identified separately where subsequent legislation affects its application.
Section 2(1): Code
"Code" includes rules;
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 section 144, 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;
Meaning: A decree conclusively determines rights in a suit. A preliminary decree leaves further proceedings necessary; a final decree disposes of the suit. Rejection of a plaint is deemed a decree, while dismissal for default is excluded.
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;
Meaning: The person entitled to enforce a decree or executable order.
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;
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;
Section 2(7A): High Court
"High Court" in relation to the Andaman and Nicobar Islands, means the High Court in Calcutta;
Clause (7B): Historical territorial definition
The older wording excludes Jammu and Kashmir from the definition of India for specified provisions. This must be read subject to the Jammu and Kashmir Reorganisation Act, 2019 and subsequent changes; it should not be taken as a statement that the CPC is inapplicable there today.
Section 2(8): Judge
"Judge" means the presiding officer of a Civil Court;
Section 2(9): Judgment
"judgment" means the statement given by the Judge of the grounds of a decree or order;
Meaning: A judgment records the reasons or grounds for 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;
Meaning: The person against whom a decree or executable order is made.
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 is sued in a representative character the person on whom the estate devolves on the death of the party so suing or suied;
Meaning: The term covers persons legally representing a deceased estate, including an intermeddler and successors in representative litigation.
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;
Meaning: Mesne profits concern income from wrongful possession, with interest, excluding gains attributable to the wrongful possessor's improvements.
Section 2(13): Movable Property
"movable property" includes growing crops;
Section 2(14): Order
"order" means the formal expression of any decision of a Civil Court which is not a decree;
Meaning: An order is a formal civil-court decision that does not qualify as 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;
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 :- (a) every Judge; (b) every member of an 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;
Meaning: This is a statutory list of public officers, including judges, specified service members and officers exercising identified public duties.
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 In A Corporation
"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.
Practical importance of Section 2
Whether a decision is a decree or an order can affect the remedy available, including appeals under Sections 96 and 104 and Order XLIII. The expressions decree-holder and judgment-debtor are central to execution proceedings under Order XXI. The definition of legal representative helps determine substitution and continuation of proceedings following a party's death, subject to Order XXII.
The definition of mesne profits is relevant when a person claims profits from wrongful possession of property. The actual relief depends on the pleadings, evidence and applicable procedural rules.
For territorial application, read the Code with the latest official legislation, including the Jammu and Kashmir Reorganisation Act, 2019, and relevant State amendments.