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Bare acts > Code of Civil Procedure, 1908 > Order 45 Rule 1
 
   


 

1. “Decree” defined.- In this order, unless there is something repugnant in the subject or context, the expression, “decree” shall include a final order.


HIGH COURT AMENDMENT

Punjab and Haryana (Chandigarh).- For Order 45 substitute the following:-

“Order XLV”

Appeals to be Supreme Court

Rule 1.— “Decreed 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.— Whoever desired to appeal to the Supreme Court shall apply by petition to the Court whose decree is complained of.

Rule 3.— Certificate as to the 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, unless, it dismissed the petition at the preliminary hearing, direct notice to be served on the opposite party to show cause why the said certificate should not be granted.

Rule 4.— Omitted

Rule5.— Omitted

Rule 6.—Effect of refusal of certificate.— Where such certificate is refused the petition shall be dismissed.

Rule 7.—Deposit required on grant of certificate.— (1) Where the certificate is granted. the applicant shall within ninety days of the order of the Supreme Court under Rule 14(1) of the Supreme Court Rules for the time being in force or such further period not exceeding sixty days as the Court may upon cause shown allow from the date of the Supreme Court order under Rule 14(1) whichever is later:—

(a) deposit the amount required to defray the expense of translating, transcribing, indexing, printing and transmitting to the Supreme Court three copies of the whole record of the suit except —

(1) formal documents directed to be exiuded by any rule of the Supreme Court in forcc for the time being;

(2) papers which the parties agree to exclude;

(3) accounts of 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 order documents as the High Court may direct to be excluded.

Rule 8.—Power to order further payment.— Where at any time after the admission of an appeal but before the transmission of the copy of the record, to the Supreme Court, 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 make, within a time to be specified by the Court, the required payment.


Rule 9.— Effect of failure to comply with order.— Where the appellant fails to comply with such order, the proceedings shall he stayed; and the appeal shall not proceed without an order in this behalf of the Supreme Court and in the mean time execution of the decree appealed from shall not be stayed.

Rule 9-A.— Power to dispense with notice in case of eceased.— 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 he 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 notice under sub-rule (2) of Rule 3 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.— Refund of balance deposit.— When the copy of the record except as aforesaid, has been transmitted to the Supreme Court the appellant may obtain a refund of the balance, if any, of the amount which he has deposited under Rule 7.

Rule 11.— Powers of Court pending appeal.— (1) Notwithstanding the grant of a certificate for the admission of any appeal, the decree appealed from shall be unconditionally excluded 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:

(a) impound any movable property in dispute or any part thereof; or

(b) allow the decree appealed from to be executed, taking such security from the respondent as the Court thinks fit for the due performance of any order which the Supreme Court may make on the appeal, or

(c) stay the execution of the decree appealed from, taking such security from the appellant as the Court thinks fit for the due performance of the decree appealed from or of any decree or order which the Supreme Court may make on the appeal, or

(d) place any party seeking the assistance of the Court under such conditions or give such other direction respecting the subject-matter of the appeal, as it thinks fit, by the appointment of a receiver or otherwise.

Rule 12.— 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 the execution of the same, and the Court to which the said decree or order is so transmitted shall execute it accordingly, in the manner and according to the provisions applicable to the execution of the original decrees.

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

Rule 13.— Appeal from order relating to execution.— The 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 the orders of such Court relating to the execution of its own decrees” No. G.S.R. CA/5/1908/S. 122/73, dated 21.12.1973 published in Punj. Govt. Gaz. L.S. dated 4.1.1974.

 

 

 

 

 

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