Code of Civil Procedure (Act X of 1977)

No: 10 Dated: May, 01 1978

THE CODE OF CIVIL PROCEDURE, 1977 (1920 A. D.)

Act No. X of 1977

    An Act to consolidate and amend the laws relating to the Procedure of the Courts of Civil Judicature.

    Whereas it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature;

It is hereby enacted as follows :—

PRELIMINARY

1. Short title, extent and commencement.—(i) This Act may be cited as Code of Civil Procedure (Act X of 1977).

(ii) It extends to the whole of Jammu and Kashmir State. It shall come into force on the 1st day of Baisakh, 1978.

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 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 or original jurisdiction (hereinafter called a “District Court”) ;

(5) “foreign Court” means a Court situate beyond the limits of India which has no authority in India and is not established or continued by the Central Government of India] ;

(6) “foreign judgment” means the judgment of a foreign Court ;

(7) “Government Pleader” includes any officer appointed by [the 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 ;

(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) “movable 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 3 [any attorney of the 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) omitted ;

(c) every commissioned or gazetted officer in the military forces of the Union ;

(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 offender 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 interest 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 ;

(19) “share in a corporation” shall be deemed to include stock, debenture stock, debentures or bonds; and

(20) “signed” save in the case of judgment or decree, includes stamped.