CIVIL PROCEDURE CODE – I

DEFINITION CLAUSE IN CPC

MUHAMMAD UZAIR
ADVOCATE HIGH COURT
LLM (INTERNATIONAL & MARITIME LAW)
 CONTENTS

• Purpose of Definition Clause in Statute

• Section 2 CPC
• Difference between Order & Judgment
• Difference between Preliminary Decree & Final Decree
• Difference between Judgment & Decree
• Validity & Qualification of Foreign Judgment
 PURPOSE OF DEFINITION CLAUSE IN STATUTE

• Purpose of a definition clause in statute is to advance aid in interpreting and

understanding the words/language used in the provisions of the statute.
• Definition clause facilitates in understanding the intent of legislature enabling the
interpretation of the provisions in true spirit.
• Minimize the ambiguity in interpretation of statute.
 SECTION 2; DEFINITIONS

2. Definitions. In this Act, unless there is anything repugnant in the subject or context,__...
(2) "decree" means the formal expression of an adjudication which, so far as regards the Court
expressing it, conclusively determines the rights of the parties which regard to all or any of the
matters in controversy in the suit and may be either preliminary or final.
(3) "decree-holder” means any person in whose favour a decree has been passed or an order
capable of execution has been made:
(4) "district" means the local limits of the jurisdiction of a 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 Court
(5) "foreign Court" means a Court situate beyond the limits of Pakistan which has no authority in
Pakistan and is not established or continued by the Federal Government
(6) "foreign judgment" means the judgment of a foreign Court
(9) "judgment" means the statement given by the Judge of the grounds of a decree or order
(10) "judgment-debtor“ means any person against whom a decree has been passed
(11) "legal representative" means a person who in law represents the estate of a deceased person
(12) "mesne profits" of property means those profits which the person in wrongful possession of
such property actually received or might with ordinary diligence have received therefrom, together
with interest on such profits but shall not include profits due to improvements made by the person in
wrongful possession:
(15) "pleader" means any person entitled to appear and plead for another in Court,
(14) "order" means the formal expression of any decision of a Civil Court which is not a
decree:
 DIFFERENCE BETWEEN ORDER & JUDGMENT

• Order is any formal expression of the Court recorded in writing regarding Court
Proceedings e.g. order for adjourning the proceedings, order for submission of written
statement etc.
• Judgment is an order finally disposing of the suit carrying detailed grounds and reasoning
for disposal of such suit
DIFFERENCE BETWEEN PRELIMINARY DECREE & FINAL DECREE

• Preliminary decree partly determines the rights of the parties involved in the suit and do
not dispose of the suit. The suit proceeds after preliminary decree and later on suit is
disposed of conclusively through final decree.
• Final decree conclusively determines the rights of the parties involved in the suit and
disposes of the suit. (Final adjudication)
 DIFFERENCE BETWEEN JUDGMENT & DECREE

Judgment carries detailed grounds and reasoning for final disposal of the suit through the
Decree
Decree precisely states the decision of the Court determining the rights of parties in the suit.
 VALIDITY & QUALIFICATION OF FOREIGN
JUDGMENT
14. Presumption as to foreign judgment. The Court shall presume, upon the production of
any document purporting to be a certified copy of a foreign Judgment, that such Judgment
was pronounced by a Court of competent Jurisdiction, unless the contrary appears on the
record ; but such presumption may be displaced by proving want of jurisdiction.
13. When foreign judgment not conclusive. A foreign judgment shall be conclusive as to any matter thereby
directly adjudicated upon between the same parties or between parties under whom they or any of them claim
litigating under the same title except__
(a) Where it has not been pronounced by a Court of competent Jurisdiction ;
(b) Where it has not been given on the merits of the case;
(c) Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a
refusal to recognise the law of Pakistan in cases in which such law is applicable;
(d) Where the proceedings in which the Judgment was obtained are opposed to natural justice ;
(e) Where it has been obtained by fraud ;
(f) Where it sustains a claim founded on a breach of any law in force in Pakistan.
44A. Execution of decrees passed by Courts in the United Kingdom and other
reciprocating territory.__(1) Where a certified copy of a decree of any of the superior
Courts of the United Kingdom or any reciprocating territory has been filed in a District
Court, the decree may be executed in Pakistan as if it had been passed by the District Court.