Vidhara

The Code of Civil Procedure, 1908

§2Definitions

In this Act, unless there is anything repugnant in the subject or context,— (1) “Code” includes rules; (2) “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; (3) “decree-holder” means any person in whose favour a decree has been passed or an order capable of execution has been made; (4) “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; [(5) “foreign Court” means a Court situate outside India and not established or continued by the authority of the Central Government;] (6) “foreign judgment” means the judgment of a foreign Court; (7) “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; [(7A) “High Court” in relation to the Andaman and Nicobar Islands, means the High Court in Calcutta; (7B) “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;] (8) “Judge” means the presiding officer of a Civil Court; 1. Subs. by Act 104 of 1976, s. 2, for sub -section (3) (w.e.f. 1-2-1977). 2. Clause (a) omitted by Act 34 of 2019, s. 95 and the Fifth Sch. (w.e.f. 31-10- 2019).

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Official text: India Code (official)

Official India Code text: The Code of Civil Procedure, 1908 (5 of 1908), English PDF (bitstream 123456789/2191/1/A190805.pdf, 3,275,360 bytes, sha256 8849fc32…) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-07-29. Extracted via pdftotext 26.07 -bbox and @nexlex/ingest inline parser. Automated parse; footnotes/amendment history excluded; Schedule I (Orders/Rules) not included in the section list; spot-verified; full clause-level proofread pending.

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