Order XLV CPC: Appeals to the Supreme Court - Rules 1 to 8

Rule 1 - "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 - Application to Court whose decree is complained of

(1) Whoever desires to appeal to 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 - Certificate as to value or fitness

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

1. that the case involves a substantial question of law of general importance; and
2. 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Rule 4 - Repealed

Rule 4 stands repealed in the current central text of Order XLV.

Rule 5 - Repealed

Rule 5 stands repealed in the current central text of Order XLV.

Rule 6 - Effect of refusal of certificate

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

Rule 7 - 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:

1. furnish security in cash or in Government securities for the costs of the respondent; and
2. 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 - Admission of appeal and procedure thereon

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

1. declare the appeal admitted;
2. give notice thereof to the respondent;
3. transmit to the Supreme Court, under the seal of the Court, a correct copy of the said record, except as aforesaid; and
4. give to either party one or more authenticated copies of any of the papers in the suit on application and payment of the reasonable expenses incurred in preparing them.