CPC Definitions Flashcards
Decree
s. 2(2) formal expression of an adjudication of a court-conclusively determines the right of parties in all matters of the suit
Decree doesn’t include
- any adjudication from which an appeal lies as an appeal from an order
- any order of dismissal for default
Essential elements of a decree
- there must be an adjudication (madan naik v. hansubala devi)
- adjudication must have been done in a suit (diwan bros v. CBI)
- must determine rights of parties with regard to any/all matters of controversy in a suit
- determination must be conclusive (rajani rani v. khairati lal; jethanand & sons v. st UP)
- there must be formal expression of such adjudication (shakuntala devi v. kunta kumari)
classes of decrees
- preliminary- adjudication decides rights of parties with regard to any/all matters in the suit but doesnt completely dispose of the suit.
- final- completely settles a suit, all questions on controversy, not further remaining to be decided
- partly preliminary and partly final (eg: possession of immovable property with mesne profits)
judgement
s. 2(9) statement given by judge of the grounds of a decree or order
essentials of judgement
- concise statement of case
- points for determination
- decision thereon
- reasons for such decision
judge must give grounds of decision; can’t merely say “suit dismissed” (case)
Balraj taneja v. sunil madan
discrepancy between judgement and decree, which will prevail
judgement
order
s. 2(14) formal expression of any decision of a civil court which is not a decree
decree holder
S. 2(3)- person in whose favour the decree has been passed or an order capable of execution has been made
judgement debtor
S 2(10) person against whom decree has been passed or an order capable of execution has been made
judgement of court foreign [s. 2(6)] at time of pronouncement would not cease to be foreign judgement if the foreign territory subsequently became part of UoI. (reason?)
because you determine FJ by date of judgement and not date when it is sought to be enforced/executed.
legal representative
S. 2(11) person who in law represents the estate of a deceased person
includes any person that intermeddles with the estate of the deceased
mesne profits
S. 2(12)- profits which the person in wrongful possession received/ might have received with ordinary diligence+ interest on those profits
what does mesne profits exclude
profits due to improvements made by person in wrongful possession of property.
principles for determining amount of mesne profits
- no profit by person in wrongful possession
- restoration o fstatus before dispossession of decree holder
- use to which decree holder would have put the property if he was in possession
pleader
S. 2(15)- person entitles to appear and plead for another in court (advocate, vakil, attorney of HC)
