2. Definitions .-
In this Act, unless there is anything repugnant in
the subject or context,—
HIGH COURT AMENDMENT
CALCUTTA.- In the opening words
of the section add the words “and in the Rules of practice
and procedure of the Court of Small Causes of Calcutta framed
under the provision of Section 9 of the Presidency Small Cause
Courts Act, 1882,” after the words, “In this Act”
and before the words “unless there is” Cal. Gaz.
Pt. I, dated
20.4.1967.
(1) “Code” includes rules;
HIGH COURT AMENDMENT
CALCUTTA.- In clause (1) add
the words “and, in its application to Courts other than
the Court of Small Causes of Calcutta, means the Code of Civil
Procedure, 1908; and, in its application to that Court, means
the provisions of the Code of Civil Procedure, 1908, as adapted,
modified and extended by the provisions of notifications issued
from time to time under the provisions of Section 8 of that
Code” after the words “includes rules” Cal.
Gaz. Pt. I, dated 20.4.1967.
(2) “decree” means’ the formal expression
of an adjudication which, so tar 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 (nay 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 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;
HIGH COURT AMENDMENT
CALCUTTA.- In clause (2) insert
a full stop after “matters in controversy in the Suit”
substitute. “In Courts other than the Courts of Small
Causes of Calcutta it” for “and” after “matters
in controversy in the suit”; insert a semicolan and
the word ‘and” in place of the full stop after
“preliminary or final” Cal. Gaz. Pt I, dated 20-4-1967.
(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;
(9) “Judgment” means the statement given by the
Judge on the grounds of a decree or order;
(10) “judgment-debtor” means any person against
whom a decree has been passed or an order capable of execution
has been made;
(11) “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 sued;
(12) “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;
(13) “movable property” includes growing crops
HIGH COURT AMENDMENT
CALCUTTA.- In clause (13) insert
the words “except in suits or proceedings in the Court
of Small Causes of Calcutta” after the words “growing
crops”.
(14) “order” means the formal expression of any
decision of a Civil Court which is not a decree;
(15) “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;
(16) “prescribed” means prescribed by rules;
(17) “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 an 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
authorized 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;
(18) ‘rules” means rules and forms contained
in the First Schedule or made under section 122 or section
125;
HIGH COURT AMENDMENT
CALCUTTA- In clause (18) insert
the words “in its application to Courts other than the
Court of Small Causes of Calcutta” after the word “rules”
and before the words “means rules and forms”,
and the words ‘of the Code of Civil Procedure, 1908,
and, in its application to that Court means the “Rules
of Practice and Procedure of that Court made under Section
9 of the Presidency Small Cause Courts Act, 1882, and includes
the rules and forms contained in the First Schedule of that
Code which arc made applicable to that court by virtue of
the provisions of Order LI of that schedule” after the
words “Section 122 or Section 125” Cal. Gaz’..
Pt. 1. dated
20.4.1967.
(19) “share in a corporation” shall be deemed
to include stock, debenture-stock, debentures or bonds; and
(20) “signed”, save in the case of a judgment
or decree, includes stamped.
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