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Bare acts > Code of Civil Procedure, 1908 > Order 45 Rule 2
 
   


 

2. 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).


STATE AMENDMENT

Uttar Pradesh.- In Rule 2 after sub-rule (2) the following sub-rule shall be inserted, namely:


“(3). Notwithstanding anything contained in sub-rule (1), whoever desires to appeal to the Supreme Court, may apply orally to the Court whose decree is to be complained of, immediately before or after the pronouncement of the judgment by the Court, and for a certificate contemplated in sub-rule (1) of Rule 3, and the Court may either grant or refuse the certificate, or diret the applicant to file petition as required by sub-rule (1):

Provided that if an oral application is entertained and rejected, no written petition under sub-rule (I) shall lie” - U.P. Act 57 of 1976, S. 14 (1.1.1977).


HIGH COURT AMENDMENTS

Andhra Pradesh.- For Rules 2 and 3 in Order 45, substitute the following, namely:

“2. Application to Court whose decree or judgment complained of.— Whoever desires to appeal to the Supreme Court under clause (1) of Article 133 of the Constitution shall apply for a certificate by petition to the Court whose decree or judgment is complained of:

Provided that an application may be made orally for the purpose, immediately after the judgment has been delivered:

Provided further where the certificate has been refused on an oral application no subsequent petition for the certificate shall lie.

3. Contents of the petition.— Every such petition shall state the grounds of appeal and pray for a certificate to appeal to the Supreme Court under Clause (1) of Article 133 of the Constitution.” (10.2.1977) - A.P. Gaz. 10.2.1977, Pt. II (R.S.) p 132.

Patna.- For Rule 2, substitute the following:

“2. Application to Court whose judgment, decree or final order is complained of.— (1) Whowever desires to appeal to the Supreme Court may apply by petition to the Court whose judgment, decree or final order is complained of.

(2) Notwithstanding anything contained in sub-rule (1) a party desiring to appeal to the Supreme Court may apply orally immediately after the pronouncement of the judgment or final order by the Court and the Court may grant or refuse leave to the party to appeal to the Supreme Court or direct the party to file a petition as required by sub-rule (1):

Provided that if an oral application for leave under the sub-rule (2) is made and rejected, no written petition under sub-rule (1) shall lie.” Bih, Gaz, 11.1.1978, Pt. III, p.3.

Bombay.- In Order XLV, after sub-rule (2) of Rule 2 insert the following as sub-rule (3):—

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

(ii) Notwithstanding anything contained in sub-rule (1) a party desiring to appeal to the Supreme Court may apply orally immediately after the pronouncement of the judgment by the Court, and the Court may grant or refuse leave to the party to appeal to the Supreme Court or direct the party to file a petition as required by sub-rule
(1):

Provided, however, that if an oral application for leave under sub-rule (2) is made and rejected, no written petition under sub-rule (1) shall lie,” (1.10.1983) and (12.10.1987).

Madras.- Substitute sub-rule (1) as under —

“(1) Whoever desires to appeal to the Supreme Court, may, make an oral application to the Court whose decree is complained of, immediately after the pronouncement of the judgment and in such a case, it shall be heard and disposed of immediately, or may apply by petitions to the Court, whose decree is complained of” - TN. Govt. Gaz. 16.11.1988 Pt. Ill, S. 2 p. 136.

 

 

 

 

 

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