Code of Civil Procedure, 1908

• The Code of Civil Procedure was enacted on March 21, 1908.
• It came into force on January 1, 1909.
• The act is intended to consolidate and amend laws related to the procedure of Civil Judicature Courts.

Short Title, Commencement and Extent

• This Act can be cited as the Code of Civil Procedure, 1908.
• The Act came into force on January 1, 1909.
• The Act extends to the whole of India except Nagaland and the tribal areas.
• The State Government can extend the Code's provisions to Nagaland or tribal areas via notification in the Official Gazette.
• "Tribal areas" are defined as territories included in the tribal areas of Assam before January 21, 1972, as per paragraph 20 of the Sixth Schedule to the Constitution.
• The application of this Code does not prejudice any rule or regulation in force in the Amindivi Islands, East Godavari, West Godavari, Visakhapatnam Agencies in Andhra Pradesh and the Union Territory of Lakshadweep.

Definitions

• "Code" includes rules.
• "Decree" means the formal expression of an adjudication that determines the rights of parties in a suit, can be preliminary or final, and includes the rejection of a plaint and the determination of any question within section 144.
• A decree does not include any adjudication from which an appeal lies as an appeal from an order, or any order of dismissal for default.
• A decree is preliminary when further proceedings are required before the suit's complete disposal and final when completely disposing of the suit, possibly partly preliminary and partly final.
• "Decree-holder" means anyone in whose favor a decree was passed or an order capable of execution has been made.
• "District" means the local jurisdiction of a principal Civil Court of original jurisdiction called a "District Court," and includes the local jurisdiction of a High Court.
• "Foreign Court" means a Court located outside India and not established/continued by the Central Government's authority.
• "Foreign judgment" means the judgment of a foreign Court.
• "Government Pleader" includes any officer appointed by the State Government to perform the functions imposed by this Code and any pleader acting under their directions.
• "High Court," concerning the Andaman and Nicobar Islands, means the High Court in Calcutta.
• "India" means the territory of India, except in sections 1, 29, 43, 44, 44A, 78, 79, 82, 83, and 87A.
• "Judge" means the presiding officer of a Civil Court.
• "Judgment" means the grounds for a decree or order given by the Judge.
• "Judgment-debtor" means anyone against whom a decree has been passed or an order capable of execution.
• "Legal representative" means a person who represents the estate of a deceased person and includes anyone who intermeddles with the estate and the person on whom the estate devolves when a party sues/is sued in a representative character.
• "Mesne profits" of property refer to profits wrongfully possessed, actually received, or obtainable with diligence, including interest, excluding profits from improvements made by the possessor.
• "Movable property" includes growing crops.
• "Order" means the formal expression of a Civil Court decision that isn't a decree.
• "Pleader" means someone entitled to appear and plead for another in Court and includes an advocate, a vakil, and an attorney of a High Court.
• "Prescribed" means prescribed by rules.
• "Public officer" includes various roles such as every Judge, every member of an All-India Service, commissioned/gazetted officers in the military/naval/air forces serving under the Government.
• A public officer also includes any officer of a Court of Justice with duties to investigate, report, manage documents/property, execute judicial processes, administer oaths, interpret, or preserve order, especially if authorized by the court.
• Furthermore, it includes every person holding an office empowering them to confine individuals.
• It applies to every government officer responsible for preventing offenses, providing information on offenses, bringing offenders to justice, or protecting public health, safety, or convenience.
• Also, every officer responsible for taking, receiving, keeping, or expending government property, making surveys/assessments/contracts, executing revenue processes, investigating pecuniary interests, authenticating documents, preventing law infractions for government pecuniary interests.
• It covers every officer in the service/pay of the Government or remunerated by fees/commission for public duty performance.
• "Rules" are the rules and forms in the First Schedule or made under sections 122 or 125.
• "Share in a corporation" includes stock, debenture stock, debentures, or bonds.
• "Signed" includes stamped, except in the case of a decree or judgment.