Order XLV CPC: Appeals to the Supreme Court - Rules 9, 9A and 10 to 16

Rule 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.

Rule 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 notice to be served on or given to the legal representative of any deceased opposite party or deceased respondent where that 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.

Rule 10 - Power to order further security or payment

Where, after admission of an appeal but before transmission of the copy of the record to the Supreme Court, the security appears inadequate, or further payment is required for translating, transcribing, printing, indexing or transmitting the copy of the record, the Court may order the appellant to furnish other and sufficient security, or make the required payment, within a time fixed by the Court.

Rule 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 the Supreme Court. In the meantime, execution of the decree appealed from shall not be stayed.

Rule 12 - Refund of balance deposit

When the copy of the record has been transmitted to the Supreme Court, the appellant may obtain a refund of the balance, if any, of the amount deposited under Rule 7.

Rule 13 - Powers of Court pending appeal

(1) Notwithstanding the grant of a certificate for admission of an appeal, the decree appealed from shall be unconditionally executed unless the Court otherwise directs.

(2) The Court may, if it thinks fit, on special cause shown by any party interested in the suit, or otherwise appearing to the Court:

1. impound any movable property in dispute or any part thereof;
2. allow the decree appealed from to be executed, taking such security from the respondent as the Court thinks fit for due performance of any order which the Supreme Court may make on the appeal;
3. stay execution of the decree appealed from, taking such security from the appellant as the Court thinks fit for due performance of the decree appealed from, or of any decree or order which the Supreme Court may make on the appeal; or
4. place any party seeking assistance of the Court under such conditions, or give such other direction respecting the subject-matter of the appeal, as it thinks fit, by appointment of a receiver or otherwise.

Rule 14 - Increase of security found inadequate

(1) Where at any time during the pendency of the appeal the security furnished by either party appears inadequate, the Court may, on the application of the other party, require further security.

(2) In default of such further security being furnished as required by the Court:

1. if the original security was furnished by the appellant, the Court may, on the application of the respondent, execute the decree appealed from as if the appellant had furnished no such security; and
2. if the original security was furnished by the respondent, the Court shall, so far as may be practicable, stay further execution of the decree and restore the parties to the position in which they respectively were when the security which appears inadequate was furnished, or give such direction respecting the subject-matter of the appeal as it thinks fit.

Rule 15 - Procedure to enforce orders of the Supreme Court

(1) Whoever desires to obtain execution of any decree or order of the Supreme Court shall apply by petition, accompanied by a certified copy of the decree passed or order made in appeal and sought to be executed, to the Court from which the appeal to the Supreme Court was preferred.

(2) Such Court shall transmit the decree or order of the Supreme Court to the Court which passed the first decree appealed from, or to such other Court as the Supreme Court by such decree or order may direct, and shall, upon the application of either party, give such directions as may be required for execution. The Court to which the decree or order is transmitted shall execute it in the manner and according to the provisions applicable to execution of its original decrees.

Sub-rule (3) stands omitted in the current central text.

(4) Unless the Supreme Court otherwise directs, no decree or order of that Court shall be inoperative merely because no notice has been served on or given to the legal representative of a deceased opposite party or deceased respondent who did not appear either at the hearing in the Court whose decree was complained of or at any proceedings subsequent to that decree. The decree or order shall have the same force and effect as if it had been made before the death took place.

Rule 16 - Appeal from order relating to execution

Orders made by the Court which executes the decree or order of the Supreme Court, relating to such execution, shall be appealable in the same manner and subject to the same rules as orders of that Court relating to execution of its own decrees.