Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

Key Definitions under the Code of Civil Procedure, 1908

Updated 11 October 2026 · Fact-checked

The Code of Civil Procedure, 1908 is the procedural law for civil courts. Section 2 defines terms like decree, order, judgment, decree-holder, mesne profits and legal representative. To solve a question, quote the definition, apply its test to the facts, and state the conclusion. Section 5 covers Revenue Courts.

Understand Introduction and Key Definitions under CPC, 1908

The Code of Civil Procedure, 1908 (CPC) is a procedural law. It does not create your right to sue. It tells you how a civil court hears a case, passes a decision and enforces it. The substantive right comes from other laws, such as contract or property law.

Section 2 gives the definitions. Every later provision uses these terms, so a wrong understanding here costs marks across the chapter. The section begins with the words "unless there is anything repugnant in the subject or context". So a definition applies unless the context of a particular section requires another meaning.

The core idea is the difference between a decree and an order. A decree is the formal expression of an adjudication that conclusively determines the rights of the parties on all or any of the matters in controversy in the suit. It can be preliminary or final. A decree is preliminary when further proceedings must be taken before the suit is completely disposed of. It is final when the adjudication completely disposes of the suit. It can also be partly preliminary and partly final. An order is the formal expression of any decision of a civil court which is not a decree. A judgment is the statement given by the Judge of the grounds of a decree or order. So the judgment is the reasoning, and the decree or order is the formal outcome.

The deemed inclusions and exclusions matter. A decree is deemed to include the rejection of a plaint and the determination of any question within section 144. It does not include any adjudication from which an appeal lies as an appeal from an order, or any order of dismissal for default.

Other definitions are often asked. A decree-holder is a person in whose favour a decree has been passed or an order capable of execution has been made. A judgment-debtor is a person against whom a decree has been passed or such an order has been made. Mesne profits are the profits which the person in wrongful possession actually received or might with ordinary diligence have received, together with interest, but not profits due to improvements made by him. A legal representative is a person who in law represents the estate of a deceased person. It includes anyone who intermeddles with the estate. Where a party sues or is sued in a representative character, it includes the person on whom the estate devolves on that party's death.

Section 5 deals with Revenue Courts. Where they are governed by the Code in matters of procedure on which their special enactment is silent, the State Government may notify that some portions of the Code do not apply, or apply with modifications. A Revenue Court means a court with jurisdiction under any local law to entertain suits or proceedings relating to the rent, revenue or profits of agricultural land. It does not include a Civil Court with original jurisdiction under the Code to try such matters as being of a civil nature.

Key rules to remember

Decree (Section 2(2)): Decree = formal expression of adjudication + conclusively determines rights of parties on all or any matters in controversy in the suit; Includes rejection of a plaint and determination of a question within section 144. Excludes appealable-as-order adjudications and dismissal for default.
Preliminary vs final decree: Preliminary: further proceedings needed. Final: suit completely disposed of.; A decree can be partly preliminary and partly final.
Order (Section 2(14)): Order = formal expression of any decision of a Civil Court which is not a decree; It is a residuary definition.
Judgment (Section 2(9)): Judgment = statement given by the Judge of the grounds of a decree or order; It is the reasoning, not the operative part.
Mesne profits (Section 2(12)): Mesne profits = profits actually received or receivable with ordinary diligence by the person in wrongful possession + interest − profits due to his improvements; The test is wrongful possession.
Legal representative (Section 2(11)): Person who in law represents the estate of a deceased person, including an intermeddler and the person on whom the estate devolves in a representative suit; Section 50 limits liability to the deceased's property that came to his hands and was not duly disposed of.
Revenue Court (Section 5(2)): Court with jurisdiction under local law over rent, revenue or profits of agricultural land, excluding a Civil Court with original jurisdiction under the Code; Under Section 5(1) the State Government may notify non-application or modified application of portions of the Code.

How to solve Introduction and Key Definitions under CPC, 1908 questions

Use this method for any question that asks you to define a term, distinguish two terms, or classify a decision.

1Identify the term in the question and name the clause of Section 2 that defines it.
2State the definition in the Code's own words, keeping the key phrases such as "conclusively determines" or "wrongful possession".
3Break the definition into its tests, such as formal expression, adjudication, rights of parties and matters in controversy.
4Check the inclusions and exclusions. For a decree, look at plaint rejection, section 144, appeal-as-order and dismissal for default.
5Apply each test to the facts given, one by one.
6Where two terms are compared, give the contrast in clear points: nature, finality, appealability and number.
7End with a one-line conclusion that names the answer, for example "Hence it is a final decree".

Quickest way: Three-question test for decree or order

When to use it: Use it when the question gives a court decision and asks whether it is a decree or an order.

Ask: was it a formal adjudication in a suit that conclusively determines rights on matters in controversy? If no, it is an order.
Ask: is it a plaint rejection or a section 144 determination? If yes, it is a decree by deeming.
Ask: is it a dismissal for default, or is an appeal against it allowed as an appeal from an order? If yes, it is not a decree.
Then label it preliminary or final by checking whether further proceedings are still needed.

Common mistakes in Introduction and Key Definitions under CPC, 1908

Calling every court decision a decree.
Students remember decree as the main outcome and forget that order is the residuary category.
Fix: Apply the conclusive-determination test. If it does not conclusively determine rights in the suit, it is an order.
Treating a judgment and a decree as the same thing.
In daily speech both words mean the court's decision.
Fix: Remember that the judgment gives the grounds, while the decree is the formal expression of the adjudication.
Forgetting that rejection of a plaint is deemed a decree and dismissal for default is not.
Both look like ways of ending a suit without trial.
Fix: Learn the pair together: plaint rejection is included, dismissal for default is excluded.
Saying a preliminary decree ends the suit.
The word decree suggests finality.
Fix: A preliminary decree is one where further proceedings must be taken. Only a final decree completely disposes of the suit.
Including profits from the wrongful possessor's improvements in mesne profits.
Students recall only the profits and interest part of the definition.
Fix: Write the exclusion every time: profits due to improvements made by the person in wrongful possession are not included.
Stating that Section 5 excludes Revenue Courts from the Code entirely.
The section is read loosely as an exemption.
Fix: Section 5 applies where Revenue Courts are governed by the Code on matters their special enactment does not cover. The State Government may by notification make portions inapplicable or modified.

Worked examples

Example 1

The Court in a suit for partition declares that A, B and C each have a one-third share in a property, and directs that a Commissioner be appointed to divide it. Is this a decree? If so, what kind?

Show the solution

Under Section 2(2), a decree is a formal expression of an adjudication which conclusively determines the rights of the parties on matters in controversy.
The Court has formally declared the share of each party. This conclusively determines their rights on that matter.
Further proceedings, the appointment of a Commissioner and actual division, are still required before the suit is completely disposed of.
By the Explanation to Section 2(2), a decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of.

Answer: It is a decree, and it is a preliminary decree, because the suit is not yet completely disposed of. When the division is carried out and the final adjudication is made, a final decree follows.

Example 2

Ravi is in wrongful possession of Meera's shop for three years. He actually collected ₹1,00,000 as rent from a tenant. With ordinary diligence he could have collected ₹20,000 more. Part of the rent was higher only because Ravi built an extra room. Explain what mesne profits mean and what Meera may claim as such.

Show the solution

Section 2(12) defines mesne profits as profits which the person in wrongful possession actually received or might with ordinary diligence have received, together with interest on such profits.
The definition does not include profits due to improvements made by the person in wrongful possession.
Ravi is in wrongful possession, so the definition applies. The ₹1,00,000 he actually received counts, and so does the ₹20,000 he could have received with ordinary diligence.
The part of the rent that is higher only because of the extra room Ravi built is due to his improvement. It is excluded.
Interest on the profits is added.

Answer: Meera may claim the rent Ravi actually received and the amount he could have received with ordinary diligence, with interest, but not the portion attributable to the extra room that Ravi built.

Exam tips

Write the definition with its exact key phrases first. Marks are usually given for the definition, the application and the conclusion.
For decree versus order, present your answer in points: definition, number of decrees in a suit, appealability and examples. Always cite Section 2(2) and Section 2(14).
Remember the inclusions and exclusions in the decree definition. Questions often test only these.
For Section 5, state both the power of the State Government and the meaning of Revenue Court in Section 5(2).
Link the legal representative definition to Section 50. It shows that you know how the term is used in execution.

Practice questions from Law relating to Civil Procedure

Introduction and Key Definitions under CPC, 1908: frequently asked questions

What is the difference between a decree and an order under CPC?

A decree is the formal expression of an adjudication that conclusively determines the rights of the parties on matters in controversy in the suit. An order is the formal expression of any decision of a Civil Court which is not a decree. So an order is the residuary category.

Is rejection of a plaint a decree?

Yes. Section 2(2) says a decree is deemed to include the rejection of a plaint. A dismissal for default, however, is not a decree.

What are mesne profits under CPC?

They are the profits which a person in wrongful possession actually received or might with ordinary diligence have received, with interest. Profits due to improvements made by that person are not included.

How does CPC apply to Revenue Courts under Section 5?

Where a Revenue Court is governed by the Code on matters its special enactment does not cover, the State Government may notify that some portions of the Code do not apply or apply with modifications. A Revenue Court deals with rent, revenue or profits of agricultural land and does not include a Civil Court with original jurisdiction under the Code.

Who is a legal representative under CPC?

A legal representative is a person who in law represents the estate of a deceased person. It includes an intermeddler with the estate, and in a representative suit the person on whom the estate devolves on the death of the party.