Section 2 in Jammu and Kashmir Code of Civil Procedure Act, 1977
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,-(a)"Code" includes rules;(b)"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 regards 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 determination of any question within section 144, but shall not include -(i)any adjudication from which an applies lies as an appeal from an order, or(ii)any order for dismissal for default.(c)"decree -holder" means any person in whose favour a decree has been passed or an order capable of execution has been made;(d)"District" means the local limits of the jurisdiction of a principal Civil Court or original Jurisdiction (herein after called a "District Court");(e)"Foreign Court" means a Court situate beyond the limits of India which has no authority in India and is not established or continued by the Central Government of India;(f)"Foreign Judgment" means the Judgment of a foreign Court";(g)"Government Pleader" includes any officer appointed 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;(h)"Judge: means the presiding officer of a Civil Court;(i)"Judgment" means the statement given by the Judge o f the grounds of a decree or order;(j)"Judgment -debtor" means the person against whom a decree has been passed or an order capable of execution has been made;(k)"legal representative" means a person who in law represents the estate of a deceased person, and includes any person who inter meddles 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;(l)"mesne profits" of a property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received there from, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possessions;(m)"movable property" includes growing crops;(n)"order" means the formal expression of any decision of a Civil Court which is not a decree;(o)"pleader" means any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and any attorney of the High Court.(p)"Prescribed" means prescribed by the rules;(q)"Public Officer" means a person falling under any of the following descriptions, namely :-(i)every Judge;(ii)Omitted;(iii)Every commissioned or gazetted officer in the military forces of the Union;(iv)Every officer of a Court of justice whose duty is as such officer, to investigate or report on any matter of law or fact, or to make any authorities, to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order, in the court, and every person especially authorized by a Court of justice to perform any of such duties;(v)Every person who holds any office, by virtue of which he is empowered to place or keep any person to confinement;(vi)Every officer of the Government whose duty it is, a s such officer, to prevent offences, to give information of offences, to bring offender to justice, or to protect the public health, safety or convenience;(vii)Every officer whose duty it is, as such officer, to take receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process or to investigate, or to report any matter affecting the pecuniary interest of the Government, or to prevent any infraction of any law for the protection of the pecuniary interests of the Government ; and(viii)Every officer in the service or pay of the Government or, remunerated by fees or commission for the performance of any public duty.(r)"Rules" means rules and forms contained in the First Schedule or made under section 122;(s)"share in a Corporation" shall be deemed to include stock, debenture stock, debenture or bonds ; and(t)"Signed" save in the case of a judgment or a decree, includes stamped.
