Interpreta

2. In this Act, unless there be something repugnant in the tion-clause. subject or context

6

chapter: '

district : '

Court: '

'chapter' means a chapter of this Code:

district' means the local limits of the jurisdiction of a 'District 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 Court1: every Court of a grade inferior to that of a District Court and every Court of Small Causes shall, for the purposes of this Code, be deemed to be subordinate to the High Court and the District Court:

'pleader: '

'Government

'pleader' means every person entitled to appear and plead for another in Court 2, and includes an advocate 3, a vakíl1, and an attorney of a High Court:

'Government Pleader' includes also any officer appointed Pleader' by the Local Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader 7:

'Collector:'

'decree :'

6

'Collector' means every officer performing the duties of a Collector of land-revenue 8:

'decree' means the formal expression of an adjudication

the sale of such property (Gazette of
India, p. 217), Ajmer and Merwára
(ibid. July 29, 1882, Part I, p. 289),
and the Cantonment of Morar (ibid.).
As to Upper Burma the Code is in
force in the town of Mandalay only
(Act XX of 1886, sched. II).

See Act I of 1868, sec. 2, cl. 11,
supra, vol. i. p. 488.

2 See Act XVIII of 1879 amended by Act IX of 1884.

3 As to the Presidency High Courts see the Letters Patent, 28th Dec. 1865, sec. 9: as to the High Court at Allahabad, L. P. 17th March, 1866, secs. 7, 8: as to other High Courts, Act IX of 1884, sec. 8.

This means 'pleader:' it is the
term used by the Letters Patent of the
Presidency High Courts, hence its use
here; 8 Bom. 145.

As to attorneys of the chartered
High Courts, see the Letters Patent

above cited, and Act XVIII of 1879, sec. 5. As to the Courts in which they are entitled to practice, see Act XVIII of 1879, sec. 5; Act XVII of 1875, secs. 84, 87 (Burma); Reg. I of 1877, sec. 28 (d), (Ajmer). That judicial notice will be taken of the names of advocates, attorneys, vakíls and pleaders, see the Evidence Act, infra, sec. 57, cl. 12.

6 See secs. 408, 414, 419, 420, 421, 426 and 427. Other functions are imposed on Government Pleaders by Ben. Regs. 19 of 1793, sec. 15; 37 of 1793, sec. 10; 3 of 1794, sec. 16; 33 of 1803, sec. 3; and Act XXXV of 1858, sec. 3; in Burma see Act XVII of 1875, secs. 84, 87; in the Dekkhan, Act XVII of 1879, sec. 69.

7 See British Burma Gazette, June 1878, Part II, p. 175.

8

e.g. a Deputy Commissioner.

upon any right claimed, or defence set up, in a Civil Court when such adjudication, so far as regards the Court expressing it, decides the suit1 or appeal 2. An order rejecting a plaint, or directing accounts to be taken, or determining any question mentioned or referred to in section 244, but not specified in section 588, is within this definition: an order specified in section 588 is not within this definition 3:

'order' means the formal expression of any decision of 'order: ' a Civil Court which is not a decree as above defined:

́judgment' means the statement given by the Judge of 'judgthe grounds of a decree or order:

'Judge' means the presiding officer of a Court:

ment:

'Judge:'

'judgment-debtor' means any person against whom a 'judgdecree or order has been made :

mentdebtor :'

holder: '

'decree-holder' means any person in whose favour a decreedecree or any order capable of execution has been made, and includes any person to whom such decree or order is transferred:

'written' includes printed and lithographed, and 'writing ''written: ' includes print and lithograph 5:

'signed' includes marked, when the person making the signed:'

16 Bom. 54.

" 'decree' accordingly includes an order dismissing an appeal as barred by limitation, 7 All. 42: 9 Bom. 452: an order rejecting an application to sue as a pauper and striking the case off the Court's file, 9 All. 129: an order under sec. 381 dismissing a suit for failure by the plaintiff to furnish security for costs, 8 All. 108: an order under sec. 396 declaring the rights of the parties in a partition suit, but leaving their shares to be determined in executing the decree, 12 Cal. 273: an order rejecting an application under sec. 93 of the Bengal Tenancy Act, 1885, 14 Cal. 313.

3 Nor is a decree that the defendant B is liable to pay half of whatever sum C might certify to be due, and reserving further consideration when the plaintiff A should produce C's certificate, 9 Bom. 184, 195.

The following orders have been ruled not to be 'decrees':-Award, or Agreement to refer, directing or refusing filing of an, 2 All. 471; 5 All. 333; 6 All. 186. Certificate that case is fit for appeal to Queen in Council, granting or refusing, 1 Cal. 102; 7 Cal. 339. Deciding on settlement of issues that a hibbanáma relied on by a party is invalid, 4 Cal. 531. Dismissing suit where summons not served, 9 Cal. 163. Inspection of documents, 9 Bom. H. C. 398. Restraint of proceedings in former suit, refusing, 2 Hyde, 212. Review of judgment, dismissing, 4 Ben. A. C. J. 10. Withdrawal of suit, allowing, 6 All. 211.

'foreign Court:

'foreign judgment:'

'public officer :'

mark is unable to write his name; it also includes stamped with the name of the person referred to 1: '

'foreign Court' means a Court situate beyond the limits of British India and not having authority in British India nor established by the Governor General in Council 2:

3

foreign judgment' means the judgment of a foreign Court:

'public officer' means a person falling under any of the following descriptions (namely):

every Judge;

every covenanted servant of Her Majesty;

every commissioned officer in the military or naval forces of Her Majesty while serving under Government;

every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or 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 specially authorised by a Court of Justice to perform any of such duties;

every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

every officer of Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of Government, or to make any survey, assessment or contract on behalf of Government, or to execute any revenue-process, or to investigate, or to report on, any matter affecting the

pecuniary interests of Government, or to make, authenticate or keep any document relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government, and every officer in the service or pay of Government, or remunerated by fees or commission for the performance of any public duty 1.

2

ment.'

And in any part of British India in which this Code 'Governoperates, Government' includes the Government of India as well as the Local Government 3.

ments

repealed.

3. The enactments specified in the first schedule hereto Enactannexed are hereby repealed to the extent mentioned in the third column thereof. But all notifications published, declarations and rules made, places appointed, agreements filed, scales prescribed and forms framed under any such enactment, shall, so far as they are consistent with this Code, be deemed to be respectively published, made, appointed, filed, prescribed and framed hereunder.

Acts.

And when in any Act, Regulation or notification passed or References in previous issued prior to the day on which this Code comes into force, reference is made to Act No. VIII of 1859, Act No. XXIII of 1861, or the Code of Civil Procedure,' or to Act No. X of 1877, or to any other Act hereby repealed, such reference shall, so far as may be practicable, be read as applying to this Code or the corresponding part thereof.

in suits inbefore Ist

Save as provided by section 99 A, nothing herein contained Saving of shall affect any proceedings prior to decree in any suit instisuit insti- procedure tuted or appeal presented before the first day of June, 1882, stituted or any proceedings after decree that may have been com- June, 1882. menced and were still pending at that date3.

Every appeal pending on the twenty-ninth day of July, Appeals 1879, which would have lain if this Code had been in force on pending on 29th July, the date of its presentation, shall be heard and determined as 1879.

1 This includes the Official Trustees appointed under Act XVII of 1864, 7 Cal. 499; and the Administrators General; and see 7 Ben. 446; but it would not include a municipal commissioner or any other person comprised in the Penal Code, sec. 21, cl. 10.

2 Act I of 1868, sec. 2, cl. (9).

3 Ibid. cl. (10).

The day on which the Code came into force.

3

3 Bom. 161: 8 Bom. 287, 294. The day on which Act XII of 1879 was passed.

if this Code had been in force on such date; and every order passed before the same day, purporting to transfer a case to a Collector under Act No. X of 1877, section 320, and every notification published before the same day, purporting to be issued under Act No. X of 1877, section 360, shall be deemed to have been respectively passed and issued in accordance with law.

Saving of 4. Save as provided in the second paragraph of section 3, certain Act affect nothing herein contained shall be deemed to affect the follow

ing Central ing enactments (namely) :

Provinces,
Burma,

Panjab and
Oudh.

Sections

to Provin

Cause
Courts.

The Central Provinces Courts Act, 18651:
The Burma Courts Act, 1875:
The Panjab Courts Act, 18772:

The Oudh Civil Courts Act, 1879:

or any law heretofore or hereafter passed under the Indian Councils Act, 1861, by a Governor or a Lieutenant-Governor in Council, prescribing a special procedure for suits between landholders and their tenants or agents,

or any law heretofore or hereafter passed under the Indian Councils Act, 1861, by a Governor or a Lieutenant-Governor in Council, providing for the partition of immoveable property 3.

And where under any of the said Acts concurrent civil jurisdiction is given to the Commissioner and the Deputy Commissioner, the Local Government may declare which of such officers shall, for the purposes of this Code, be deemed to be the District Court.

5. The chapters and sections of this Code specified in the extending second schedule hereto annexed extend (so far as they are cial Small applicable) to Courts of Small Causes constituted under Act No. XI of 18654, and to all other Courts (other than the Courts of Small Causes in the towns of Calcutta, Madras and Bombay) exercising the jurisdiction of a Court of Small Causes. The other chapters and sections of this Code do not extend to such Courts.

1 Now to be construed as referring to the Central Provinces Civil Courts Act 1885 (Act XVI of 1885, sec. 1). 2 See now Act XVIII of 1884.

3 13 Cal. 223.

To be construed as referring to the Provincial Small Cause Courts Act, 1887 (IX of 1887, sec. 2, cl. 3).