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

JI & GL CIVIL PROCEDURE CODE 1908 LEGAL TERMS - CS EXECUTIVE

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.

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.

JI & GL CIVIL PROCEDURE CODE 1908 LEGAL TERMS - CS EXECUTIVE 

Judgment:

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The term Judgement has been defined under section 2(9) of the Civil Procedure Court.

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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.

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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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