Text of CPC Section 2

Section 2: Definitions

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, the determination of any question within section 144, and an order under rule 60, 98, 99, 101, or 103 of Order XXI, 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 beyond the limits of Pakistan which has no authority in Pakistan and is not established or continued by the Federal Government.
(6) “Foreign judgment” means the judgment of a foreign Court.
(7) “Government Pleader” includes any officer appointed by the Provincial Government to perform all or any functions expressly imposed by this Code on the Government Pleader and also any pleader acting under the directions of the Government Pleader.
(8) “Judge” means the presiding officer of a Civil Court.
(9) “Judgment” means the statement given by the Judge of 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) “Moveable property” includes 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:
(a) Every Judge.
(b) Every person in the service of Pakistan.
(c) Every commissioned or gazetted officer in the military, naval, or air forces of Pakistan while in the service of the State.
(d) Every officer of a Court of Justice whose duties include investigation, reporting, authentication, or execution of judicial processes.
(e) Every person empowered to place or keep any person in confinement.
(f) Every officer of the Government responsible for preventing offenses, bringing offenders to justice, or protecting public health, safety, or convenience.
(g) Every officer tasked with managing property or finances on behalf of the Government or preventing legal infractions affecting Government interests.
(h) Every officer in the service or pay of the Government performing public duties.
(18) “Rules” means rules and forms contained in the First Schedule or made under section 122 or section 125.
(19) “Share in a corporation” includes stock, debenture stock, debentures, or bonds.
(20) “Signed” (except for judgments or decrees) includes stamped.