ORDER XLV APPEALS TO THE SUPREME COURT - RULE 1, 2, 3, 4, 5, 6, 7, 8 OF CODE OF CIVIL PROCEDURE 1908

"Decree" defined, What is Application to Court whose decree complained of? What is Certificate as to value or fitness? What is the Effect of refusal of certificate? Are Security and deposit required on grant of certificate? What is Admission of appeal and procedure thereon? Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XLV of Code of Civil Procedure 1908

"Decree" defined, Application to Court whose decree complained of, Certificate as to value or fitness, Effect of refusal of certificate, Security and deposit required on grant of certificate and Admission of appeal and procedure thereon are defined under Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XLV of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 1 Order XLV of Code of Civil Procedure 1908 ""Decree" defined"

In this Order, unless there is something repugnant in the subject or context, the expression "decree" shall include a final order.

Rule 2 Order XLV of Code of Civil Procedure 1908 "Application to Court whose decree complained of"

(1) whoever desires to appeal the Supreme Court shall apply by petition to the Court whose decree is complained of.

(2) Every petition under sub-rule (1) shall be heard as expeditiously as possible and endeavour shall be made to conclude the disposal of the petition within sixty days from the date on which the petition is presented to the Court under sub-rule (1).

Rule 3 Order XLV of Code of Civil Procedure 1908 "Certificate as to value or fitness"

(1) Every petition shall state the grounds of appeal and pray for a certificate-

(i) that the case involves a substantial question of law of general importance, and

(ii) that in the opinion of the Court the said question needs to be decided by the Supreme Court.

(2) Upon receipt of such petition, the Court shall direct notice to be served on the opposite party to show cause why the said certificate should not be granted.

Rule 6 Order XLV of Code of Civil Procedure 1908 "Effect of refusal of certificate"

Where such certificate is refused, the petition shall be dismissed.

Rule 7 Order XLV of Code of Civil Procedure 1908 "Security and deposit required on grant of certificate"

(1) Where the certificate is granted, the applicant shall, within ninety days or such further period, not exceeding sixty days, as the Court may upon cause shown allow; from the date of the decree complained of, or within six weeks from the date of the grant of the certificate whichever is the later date,-

(a) furnish security in cash or in Government securities for the costs of the respondent, and

(b) deposit the amount required to defray the expense of translating, transcribing indexing printing, and transmitting to the Supreme Court a correct copy of the whole record of the suit, except-

(1) formal documents directed to be excluded by any Rule of the Supreme Court in force for the time being;

(2) papers which the parties agree to exclude;

(3) accounts, or portions of accounts, which the officer empowered by the Court for that, purpose considers unnecessary, and which the parties have not specifically asked to be included., and

(4) such other documents as the High Court may direct to be excluded :

Provided that the Court at the time of granting the certificate may, after hearing any opposite party who appears, order on the ground of special hardship that some other form of security may be furnished:

Provided further, that no adjournment shall be granted to an opposite party to contest the nature of such security.

Rule 8 Order XLV of Code of Civil Procedure 1908 "Admission of appeal and procedure thereon"

Where such security has been furnished and deposit made to the satisfaction of the Court, the Court shall-

(a) declare the appeal admitted,

(b) give notice thereof to the respondent,

(c) transmit to the Supreme Court under the seal of the Court a correct copy of the said record, except as aforesaid, and

(d) give to either party one or more authenticated copies of any of the papers in the suit on his applying therefore and paying the reasonable expenses incurred in preparing them.

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