Order XLV CPC: Appeals to the Supreme Court

Order XLV of Code of Civil Procedure: Appeals to the Supreme Court

Official Bare Act Text

Override / Mandate Court Discretion Procedural Action Non-Compliance Limitation Monetary

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 complained of

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

Rule 3. Certificate as to value or fitness

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

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

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

Rule 7. Security and deposit required on grant of certificate

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 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

(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.

Legal Commentary & Landmark Judgments: Order 45

Order XLV regulates the statutory procedure for appeals to the Supreme Court of India, prescribing petition requirements, certificates of fitness under Section 109, and security deposits for costs.

Petition for Certificate of Fitness [R. 2 & 3]: Whoever desires to appeal to the Supreme Court shall apply by petition to the court whose decree is complained of, stating the grounds of appeal and praying for a certificate under Section 109 and Article 133(1).
Security Deposit for Costs [R. 7]: Where certificate is granted, applicant must within 90 days (extendable by 60 days) furnish security for costs of the respondent and deposit translation and transmission expenses.
Execution of Supreme Court Decrees [R. 15]: Whoever desires to obtain execution of any decree or order of the Supreme Court shall apply by petition to the court of first instance, which executes it as its own decree.

Key Landmark Precedents:

State Bank of India v. S.B.I. Staff Association, (2006) 4 SCC 416: The Supreme Court reviewed Order 45 procedures, affirming that a Certificate of Fitness under Rule 3 requires a finding that a substantial question of law of general public importance arises.
B. Arvind Kumar v. Govt. of India, (2007) 5 SCC 745: Affirmed that Supreme Court decrees are transmitted under Order 45 Rule 15 to the original trial court for coercive execution under Order 21.

Courtroom Practice & Strategic Litigation Guidance:

Upon winning a civil appeal in the Supreme Court, obtain a certified copy of the Supreme Court decree and apply to the original trial court under Order 45 Rule 15 for execution.

Order XLV: Appeals to the Supreme Court