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.
Appeal from orders and Procedure Rule 1 and 2 of Order XLIII of Code of Civil Procedure 1908