CPC Defenitions

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Procedural law consists of the set of rules that govern the proceedings

of the court in criminal lawsuits as well as civil and administrative


proceedings. The court needs to conform to the standards setup by
procedural law, while during the proceedings. These rules ensure fair
practice and consistency in the "due process".
Substantive law is a statutory law that deals with the legal relationship
between people or the people and the state. Therefore, substantive law
defines the rights and duties of the people, but procedural law lays
down the rules with the help of which they are enforced. The
differences between the two need to be studied in greater detail, for
better understanding.

Procedural Law Substantive Law

Definition Deals with and lays down the ways Deals with those areas of law
and means by which substantive which establish the rights and
law can be enforced obligations of individuals , what
individuals may or may not do

Powers No independent powers Independent powers to


decide the fate of a case

Application Can be applied in Cannot be applied in non legal


non legal contexts contexts

Regulation By statutory By Act of Parliament or goverment implemation


law
Cpc section 2
Sec 2(1) “Code” includes rules;
 Sec 2(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.

 Sec2(3) “Decree-holder” means any person in whose


favor 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;

 (5) “foreign Court” means a Court situate outside India


and not established or continued by the authority of
the Central Government;

 (6) “foreign judgment” means the judgment of a


foreign Court;
(7) “Government Pleader” includes any officer appointed
by the State Government to perform all or any of the
functions expressly imposed by this Code on the
Government Pleader and also any pleader acting under
the directions of the Government Pleader;

(7A) “High Court” in relation to the Andaman and Nicobar


Islands, means the High Court in Calcutta;(1951)
(7B) “India”

(8) “Judge” means the presiding officer of a Civil Court;

 (9) “judgment” means the statement given by the


judge on the grounds of a decree or order;

 (10) “judgment-debtor” means any person against


whom a decree has been passed or an order capable
of execution has been made;

 (11) “legal representative” means a person who in law


represents the estate of a deceased person, and
includes any person who intermeddles with the estate
of the deceased and where a party sues or is sued in
a representative character the person on whom the
estate devolves on the death of the party so suing or
sued;

 (12) “mesne profits” of property means those profits


which the person in wrongful possession of such
property actually received or might with ordinary
diligence have received therefrom, together with
interest on such profits, but shall not include profits
due to improvements made but the person in wrongful
possession;

(13) “movable property” includes growing crops;

 (14) “order” means the formal expression of any


decision of a Civil Court which is not a decree;

(15) “pleader” means any person entitled to appear and


plead for another in Court, and includes an advocate, a
vakil and an attorney of a High Court;

(16) “prescribed” means prescribed by rules :

(17) “Public officer”-Sec 21 IPC

(18) “rules” means rules and forms contained in the First


Schedule or made under section 122 or section 125;

(19) “share in a corporation” shall be deemed to include


stock, debenture stock, debentures or bonds; and

(20) “signed”, save in the case of a judgment or decree,


includes stamped.

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