6.

Order

Section 2 (14) of the Code defines the term Order as follows:

‘Order’ means the formal expression of any decision of a Civil Court which is
not a decree.

General Explanation of Order

The adjudication of a court which is not a decree is an order. As a general

rule, an order of the court of law is founded on objective considerations and
as such the judicial order must contain a discussion of the question at issue
and the reason which prevailed with the court which led to the passing of the
order. An order should be a formal expression of any decision. The decision
should be pronounced by the civil court. An order generally originated from
any suit, it generally arises from a proceeding commenced on an application.
An order may or may not finally determine the rights of the parties. An order
is passed from a single suit.

Orders are of two kinds, appealable orders and non-appealable orders.

7. Foreign Court

Section 2 (5) of the code which is substituted by Act 2 of 1951 defines the
term Foreign Court as follows:

‘Foreign Court’ means a Court situated outside India and not established or
continued by the authority of the Central Government.

General Explanation of Foreign Court

The court which is not regulated by the Indian Government and Indian
government or court does not exercise its jurisdiction over there are Foreign
Courts.

Lalji Raja vs. Firm Hansraj Nathuram [AIR 1971 SC 974 (976)]
The Bankura Court cannot be considered as a ‘foreign court’ within the
meaning of that expression in the Code.

Essentials of a Foreign Court

● It must be situated outside India.

● It must not have been established or continued by the Central
Government.

Thus courts in England, Scotland, Burma, Pakistan and those of the Privy
Council are foreign courts.

8. Foreign Judgment

Section 2 (6) of the Code defines the term Foreign Judgment as follows:

‘Foreign Judgment’ means the judgment of a foreign Court.

General Explanation of Foreign Judgment

When a suit is filed in a foreign court and if the foreign court has jurisdiction
to try the suit, in that case, his legal representative represents him in the
court but only to that extent for which he is accountable or that portion of
the property which has come in his hand.

United India Insurance Co Ltd vs. Shyam Rao Metre and others
[M.A.C.M.A. No. 2420 of 2012]

As the definition under section 2(11) of the code reads, it is nowhere

described that a legal representative can only be that person who is
dependent on the deceased. Any person related to the deceased can be a
legal representative.