SECTION 2 (15) – ‘’PLEADER’’
A “Pleader” is defined as any person entitled to appear and plead for another in Court, the term includes an advocate, a vakil and an attorney of a High Court (I.e., a Solicitor).
SECTION 2 (16) – ‘’PRESCRIBED’’
“Prescribed “means prescribed by Rules.
The term "prescribed" under Section, 2(16) of Civil Procedure Code, 1908. means
a. Prescribed by court
b. Prescribed by society
c. Prescribed by rules
d. None of the above
Ans. (c)
SECTION 2 (17) – ‘’PUBLIC OFFICER’’
a. "Public officer" means a person falling under any of the following descriptions, namely:
b. every judge;
c. every member of an All-India Service;
d. every commissioned or Gazetted Officer in the military, naval or air forces of the Union while serving under the Government;
e. 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
f. to take charge of or dispose of any property, or
g. to execute any judicial process, or
h. to administer any oath, or
i. to interpret, or to preserve an order, in a Court, and every person especially authorised by a court of justice to perform any of such duties;
j. every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
k. every officer of the 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;
l. 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 on any matter affecting the pecuniary interests of the Government, or to make, authenticate, or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government; and
m. every officer in the service or pay of the Government, or remunerated by fees or commission for the performance of any public duty.
n. Thus, a Minister of a State, a Receiver, a village Headman, an Officer in the Indian Army, a Sheriff of Bombay, a Bench Clerk of a civil court, an Inspector of Police, a Custodian of Evacuee Property, Provident Fund Commissioner, an Advocate engaged by the Government on day fees, an Income Tax Officer, etc., are public officers. But a retired government servant, a Port Commissioner, a Liquidator under the Cooperative Societies Act, a chairman of a Municipality, a Municipal Councilor, an officer of a corporation, etc. are not public officers.
SECTION 2(19) – ‘’SHARE IN A CORPORATION’’
“Share in a corporation” is deemed to include stock, debenture stock, debentures or bonds.
SECTION 2 (20) – ‘’SIGNED’’
“Signed”, except in case of a judgment or a decree, includes stamped.
Which of the following pairs, is not correctly matched under CPC?
a. Section 2(5) Foreign Court
b. Section 2(6) Foreign judgement
c. Section 2(11) Legal representative
d. Section 2(10) Mense profit '
Ans. (d)
OTHER TERMS EXPLAINED
‘’CAUSE OF ACTION’’
Cause of action may be described as "a bundle of essential facts, which it is necessary for the plaintiff to prove before he can succeed”. A cause of action is the foundation of a suit. It must be antecedent to the institution of a suit and on the basis of it the suit must have been filed. If a plaint does not disclose a cause of action, a court will reject such plaint.
‘’CAVEAT’’
According to its dictionary meaning, a “caveat” is an official request’' that a court should not take a particular action without issuing notice to the party lodging the caveat and without affording an opportunity of hearing him.
‘’CIVIL’’
The word "civil" pertains to rights and remedies of a citizen as distinguished from criminal, political, etc. The expression "civil proceedings" covers all proceedings in which a party asserts civil rights conferred by a civil law.
‘’COURT’’
"Court" is a place where justice is administered. To be a court, the person constituting it must have been entrusted with judicial functions.
‘’DEFENDANT’’
Defendant means a person who defends or a person sued in a court of law by a plaintiff. In every suit there must be two parties, namely, the plaintiff and the defendant. A defendant is a person against whom a relief is claimed by a plaintiff.
‘’EXECUTION’’
"Execution" means "The process of enforcing or giving effect to the judgment, decree or order of a Court".
‘’ISSUE’’
"Issue" means "a point in question, an important subject of debate or litigation". Issues are of three kinds:
1. Issues of fact;
2. Issues of law; and
3. Mixed issues of fact and law.
Issues arise when a material proposition of fact or law is affirmed by one party and denied by the other.
‘’JURISDICTION’’
Stated simply, "jurisdiction" means authority to decide. "Jurisdiction" may be defined to be the power or authority of a court to hear and determine a cause, to adjudicate and exercise any judicial power in relation to it. Jurisdiction means the extent of the authority of a court to administer justice prescribed with reference to subject-
‘’PLAINT’’
A "Plaint" is a statement of claim, a document, or a memorial by the presentation of which a suit is instituted. It contains the grounds on which the assistance of a court is sought by a plaintiff. It is a pleading of the plaintiff.
‘’PLAINTIFF’’
Plaintiff is a person who brings a suit or commences an action against a defendant. It is the plaintiff who approaches a court of law by filing a suit for reliefs claimed in the plaint.
‘’SUIT’’
The word "suit" ordinarily means a civil proceeding instituted by the presentation of a plaint. In its comprehensive sense, the word "suit" is understood to apply to any proceeding in a court of justice by which an individual pursues that remedy which the law permits.
‘’SUMMONS’’
A summons is a document issued from an office of a court of justice, calling upon the person to whom it is directed to attend before a judge or an officer of the court for a certain purpose. It is a written order that legally obligates someone to attend a court of law at a specified date. When a plaintiff files a suit, the defendant must be informed about it. The intimation which is sent to the defendant by the court is technically known as "summons". A summons can also be issued to witnesses. Service of summons can be effected in any of the modes recognized by the Code.
‘’WRITTEN STATEMENT’’
Written statement may be defined as a reply of a defendant to the plaint filed by a plaintiff. Thus, it is a pleading of a defendant dealing with every material fact of a plaint. It may also contain new facts in favour of a defendant or legal objections against the claim of a plaintiff. It is a pleading of a defendant.
