Section 8
Subs. by Act 104 of 1976, s. 90, for rule 2 (w.e.f. 1-2-1977).
8. Subs. by Act 104 of 1976, s. 90, for rule 2 (w.e.f. 1-2-1977).
ORDER XLV
APPEALS TO THE 1 [SUPREME COURT]
1. "Decree" defined.—In this Order, unless there is something repugnant in the subject or context, the expression "decree" shall include a final order .
2. Application to Court whose decree complained of.— 2 [(1)] Whoever desires to appeal 3 [the Supreme Court] shall apply by petition to the Court whose decree is complained of.
4 [(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).]
3. Certificate as to value or fitness. — 5 [(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.
4. [Consolidation of suits.] Rep. by the Code of Civil Procedure (Amendment) Act, 1973 (49 of 1973) , s . 4 (w.e.f. 1-2-1977).
5. [Remission of dispute to Court of first instance.] Rep. by s. 4, ibid. (w.e.f. 1-2-1977).
6. Effect of refusal of certificate.—Where such certificate is refused, the petition shall be dismissed.
7. Security and deposit required on grant of certificate.—(1) Where the certificate is granted, the applicant shall, within 6 [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 7 [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 8 [printing,] and transmitting to 3 [the Supreme Court] a correct copy of the whole record of the suit, except—
(1) formal documents directed to be excluded by any 9 [Rule of the Supreme Court] in force for the time being;
(2) papers which the parties agree to exclude;
1. Subs. by the A.O. 1950, for “King-in-Council”.
2. Rule 2 re-numbered as sub-rule (1) of that rule by Act 104 of 1976, s. 91 (w.e.f. 1-2-1977).
3. Subs. by the A.O. 1950, for "His Majesty in Council".
4. Ins. by Act 104 of 1976, s. 91 (w.e.f. 1-2-1977) .
5. Subs. by Act 49 of 1973, s. 4, for sub-rule (1).
6. Subs. by Act 26 of 1920, s. 3, for “six months”.
7. Ins. by s. 3, ibid.
8. Ins. by the A.O. 1950.
9. Subs., ibid., for “order of His Majesty in Council”.
(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:
1 [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.]
2
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8. 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 3 [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.
9. Revocation of acceptance of security.—At any time before the admission of the appeal the Court may, upon cause shown, revoke the acceptance of any such security, and make further directions thereon .
4 [9A. Power to dispense with notices in case of deceased parties.—Nothing in these rules requiring any notice to be served on or given to an opposite party or respondent shall be deemed to require any notice to be served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the Court whose decree is complained of or at any proceedings subsequent to the decree of that Court:
Provided that notices under sub-rule (2) of rule 3 and under rule 8 shall be given by affixing the same in some conspicuous place in the court-house of the Judge of the district in which the suit was originally brought, and by publication in such newspapers as the Court may direct.]
10. Power to order further security or payment.—Where at any time after the admission of an appeal but before the transmission of the copy of the record, except as aforesaid, to 3 [the Supreme Court], such security appears inadequate, or further payment is required for the purpose of translating, transcribing, printing, indexing or transmitting the copy of the record, except as aforesaid,
the Court may order the appellant to furnish, within a time to be fixed by the Court, other and sufficient security, or to make, within like time, the required payment.
11. Effect of failure to comply with order.—Where the appellant fails to comply with such order , the proceedings shall be stayed, and the appeal shall not proceed without an order in this behalf of, 3 [the Supreme Court],
and in the meantime execution of the decree appealed from shall not be stayed.
1. Added by Act 26 of 1920, s. 3.
2. Sub-rule (2) omitted by the A.O. 1950.
3. Subs. by the A.O. 1950, for “his Majesty in Council”.
4. Ins. by Act 26 of 1920, s. 4.
Roop's Law Assist