JI & GL Civil Procedure Code 1908 Legal terms - CS Executive

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JI GL Civil Procedure Code 1908 Legal terms -
CS Executive
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JI GL Civil Procedure Code 1908 Legal terms -
CS Executive

• In this article, we will get a detailed
  understanding of the legal terms used in
  the Civil Procedure Code. So here we start
• Cause of Action
• Cause of Action refers to the set of facts or
  allegations that led to the filing of a Civil
  suit under the Civil Procedure Code. Cause of
  Action is necessary for the plaintiff to allege
  and prove in order to succeed Cause of Action
  i.e. to support his right to the judgment of the
  court. In the Civil Procedure Code under Order 2,
  Rule 2 it means all the essential facts
  constituting the rights and its infringement.
• Judgment, Decree, and Order
• Decisions given by the Court of Law are either
  Decree, Order or Judgement. These three terms
  have been separately defined under the Civil
  Procedure Code.
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JI GL Civil Procedure Code 1908 Legal terms -
CS Executive

• Decree
• The term Decree has been defined under section
  2(2) of Civil Procedure Code, 1908.
• The legal definition of the term Decree 
• The formal expression of an adjudication which,
  so far as regards the Court expressing it (ii)
  conclusively (iii) determines the rights of the
  parties (iv) with regard to all or any of the
  matters in controversy (v) in the suit and may
  be either preliminary (i.e. when further
  proceedings have to be taken before disposal of
  the suit) or final.
• In other words-
• A decree comes in order as and when the judgment
  is expressed and not on the date when it is duly
  signed and authorized. So we can say that the
  decree comes from a judgment.
• A decree can be preliminary or final.
• A decree is Preliminary when in a suit, a case of
  any of the matters are resolved. Whereas a decree
  is final when all the matters of the suit have
  been completely resolved.
• A decree involves 2 parties namely a Decree
  holder and the Judgement Debtor.

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JI GL Civil Procedure Code 1908 Legal terms -
CS Executive

• Decree holder
• It is the individual in whose favor the decree
  has been passed. Therefore, a person who is not a
  party to the suit but in whose favor an order
  capable o execution has been passed is a
  decree-holder.
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• Judgement Debtor
• It is the individual against whom the decree has
  been passed. The definition does not include
  legal representative of the judgment holder.
• Order
• The term Order has been defined under section
  2(14) of the Civil Procedure Code.
• In legal terms, the term order means the formal
  expression of any decision of a civil court which
  is not a decree.
• In other words, an order is a direction given by
  the judge or court to a party to the suit, to
  perform a specific act or refrain the party from
  doing an act or directing the public official to
  take certain action.

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JI GL Civil Procedure Code 1908 Legal terms -
CS Executive

• Judgment
• The term Judgement has been defined under section
  2(9) of the Civil Procedure Court.
• In legal terms, the term Judgement means a
  statement given by a judge on the grounds of
  decree or order. What is ordinarily called an
  order is, in fact, a judgment. Also, an order
  deciding a primary issue is a judgment.
• In other words , it is the decision of the court
  of justice upon the respective rights and claims
  of the parties to an action in a suit submitted
  to it for determination.
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