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Bare acts > Code of Civil Procedure, 1908 > Order 45 Rule 3
 
   


 

3. 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.


HIGH COURT AMENDMENTS

Allahabad.- After the word “granted” and before the full stop at the end of sub-rule (2) of Rule 3, insert the words” unless it thinks fit to refuse the certificate”. (4.1.1960).

Andhra Pradesh.- See amendment of Rule 2 above.

Bombay, (Dadra and Nagar Haveli) Goa, Daman and Diu.- In Order XLV, Rule 3 for the existing sub-rule (2) substitute the following as sub-rule (2):-

“(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, unless it thinks fit to refuse the certificate “(1101983) and (1.4.1987).

Gujarat.- At the end of sub-rule (2) substitute a comma for the full stop and add:

“Unless it thinks fit to refuse the certificate.”

Kerala, Laccadive, minicoy and Amindivi Islands.- In Rule 3:

(i) for sub-rule (2) the following sub-rule shall be substituted, namely:

“(2) Upon receipt of such petition, the Court after fixing a day for hearing the applicant or his pleader and hearing him, if he appears, may dismiss the petition.”

(ii) After sub-rule (2) the following sub-rule shall be inserted, namely:

“(3) Unless the Court dismisses such petition under sub-rule (2), it shall direct notice to he served on the opposite party to show cause why the said certificate should not bne granted.” (9-6-1959).

Madras and Pondicherry.- To sub-Rule (2) of Rule 3, add the following proviso:

“Provided that where leave to appeal is sought from a decree dismissing a proceeding in limine notice shall not be necessary unless the Court otherwise directs” (16.7.1969).

Orissa.- For sub-rule (2) of Rule 3, substitute the following:

“(2) Upon receipt of such petition, the Court may, after giving the appellant or his pleader an opportunity of being heard, dismiss the petition summarily and the Court, unless dismisses the petition summarily, shall direct notice to be served on the opposite party to show cause why the said certificate should not be granted:

Provided that where a party has appeared through a pleader in the High Court, service of notice on such pleader either in the manner provided in this Code or by sending a copy of such notice by registered post shall be deemed to be sufficient notice to the party.” (14.5.1984).

Madhya Pradesh.- (1) Substitute the following for the existing sub-rule (2):

“(2) Upon receipt of such petition, after sending for the record, and after giving a day for hearing the applicant or his pleader and hearing him accordingly if he appears on that day, may dismiss the petition.”

(2) Add the following as sub-rule (3):

“(3) Unless the Court dismiss the petition under sub-rule (2) it shall direct notice to be served on the opposite party to show cause why the said certificate should not be granted.” (16-9-1960).

 

 

 

 

 

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