Introduction | Part-I

1. Scope, Enactment, & Enforcement (Section 1)

• Application: The Code of Civil Procedure (CPC) deals exclusively with Courts of Civil Judicature. It is not applicable to Criminal Courts.
• The Enactment Date: The CPC was enacted (passed into law) on 21st March, 1908.
• The Enforcement Date: The CPC came into force (was enforced) on 1st January, 1909.

2. Key Definitions (Section 2)

Section 2 contains the definitions. Here are the exact statutory meanings you need to memorize for your test:

• "Code"[Section 2(1)]: Includes Rules
• "Decree" [Section 2(2)]: The formal expression of an adjudication which conclusively determines the rights of the parties regarding the matters in controversy in the suit.
• Gat Note :decree is operative part of a judgment used for filing appeals
• "Decree Holder" [Section 2(3)]: A person in whose favour a decree has been passed or an order capable of execution has been made.
• "Judge" [Section 2(8)]: The presiding officer of a civil Court.
• "Judgment" [Section 2(9)]: The statement given by the Judge of the grounds of a decree or order (the"why" behind the decision).
• "Judgment Debtor" [Section 2(10)]: Any person against whom a decree has been passed or an order capable of execution has been made.
• "Legal Representative" [Section 2(11)]: A person who in law represents the estate of a deceased person.
• "Mesne Profits" [Section 2(12)]: Profits which a person in wrongful possession of property actually received or might have received, including interest.
• "Order" [Section 2(14)]: The formal expression of any decision of a Civil Court which is NOT a decree.

3. Core Concepts & Distinction Tip

The Big Three: Decree vs. Judgment vs. Order

1. Judgment: Given by the Judge, showing the grounds/reasons.
2. Decree: Comes out of a suit, conclusively determines rights, and forms the operative part for appeals.
3. Order: A formal decision that is not a decree (usually deals with procedural matters).

• Judgment in Rem is an adjudication pronounced upon the status of a person or thing. Unlike a regular judgment that binds only the parties involved, a Judgment in Rem is applicable to everyone (the whole world).
•  Extra High-Yield Test Concepts

• Decree:The formal expression that determines the rights of parties conclusively in regard to any matter in controversy.
• Compromise Decree: Under the CPC, a decree passed explicitly with the consent of the parties is known as a compromise decree.