Code of Civil Procedure, 1908

Information Type: Legislative Information
Acts No: 5 of 1908
Acts Date: 1909-01-1
Acts Industry: Govt. of India
Acts State: Central Act
Amendments under the acts: (i) The Code of Civil Procedure (Amendment) 1956 (ii) The Goa, Daman And Diu (Extension Of The Code Of Civil Procedure Andthe Arbitration Act) Act, 1965, (iii) The Goa, Daman And Diu (Extension Of The Code Of Civil Procedure Andthe Arbitration Act) Act, 1
Case Note / Description :

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 [3]* * * 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 of original jurisdiction 
(hereinafter called a "District Court"), and includes the local limits of the ordinary original civil 
jurisdiction of a High Court;

 
 
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