Code of Civil Procedure, 1908 | Order 45

Order XLV Rule 10 CPC: Power to Order Further Security or Payment

Order XLV Rule 10 of the Code of Civil Procedure, 1908 empowers the court to require an appellant to provide adequate additional security or pay further record-preparation expenses after admission of an appeal to the Supreme Court and before transmission of the appeal record.

Text of Order XLV Rule 10 CPC

10. Power to order further security or payment. Where at any time after the admission of an appeal but before the transmission of the copy of the record, except as aforesaid, to the Supreme Court, such security appears inadequate, or 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 furnish, within a time to be fixed by the Court, other and sufficient security, or to make, within like time, the required payment.

Meaning and scope of Rule 10

This rule forms part of Order XLV (Appeals to the Supreme Court). It deals with the adequacy of security and expenses associated with preparing and forwarding the appellate record. It is a procedural power, not an independent right of appeal or a determination of the merits of the dispute.

When can the court exercise this power?

The rule applies after the appeal has been admitted but before the relevant copy of the record is transmitted to the Supreme Court. During this period, the court may intervene if the security already furnished is insufficient or if additional expenditure is necessary for preparation or transmission of the record.

What can the court direct?

Further security: The appellant may be required to furnish other and sufficient security where the existing security appears inadequate.
Additional payment: The appellant may be required to meet further costs of translating, transcribing, printing, indexing or transmitting the relevant record.
Compliance deadline: The court fixes the time within which the additional security must be furnished or payment made.

The word "may" indicates that the court has discretion to issue an appropriate order within the statutory conditions.

What happens if the appellant does not comply?

Order XLV Rule 11 CPC addresses non-compliance with an order under Rule 10. If the appellant fails to comply, the proceedings are stayed, and the appeal cannot proceed without an order of the Supreme Court. In the meantime, execution of the decree appealed from is not stayed merely because of the appeal.

Important distinction: Rule 10 concerns additional security or record-related payment at the pre-transmission stage. Rule 14 separately concerns an increase in security found inadequate during the pendency of an appeal, subject to its own requirements.

Related legal provisions

Order XLV Rule 7: Security and deposit required on grant of a certificate.
Order XLV Rule 8: Admission of appeal and the procedure following admission.
Order XLV Rule 9: Revocation of acceptance of security before admission of the appeal.
Order XLV Rule 11: Effect of failure to comply with an order for further security or payment.
Order XLV Rule 12: Refund of the balance of the deposit, where applicable, after transmission of the record.
Order XLV Rule 14: Increase of security found inadequate during the pendency of an appeal.

The procedural framework should also be read with the applicable Supreme Court Rules, 2013, as amended, and current directions of the Supreme Court. Order XLV Rule 10 should not be understood as replacing those rules.

Practical illustration

Suppose an appeal has been admitted and the appellant has furnished security. Before the appeal record is transmitted, the court finds that the security is insufficient or that further expenses are required for translating and preparing documents. Under Rule 10, it may direct the appellant to provide sufficient additional security or pay the specified amount within a fixed period. Failure to comply attracts the consequences set out in Rule 11.

Frequently asked questions

Does Order XLV Rule 10 apply before admission of an appeal?

No. The rule expressly applies after admission of the appeal and before transmission of the relevant record to the Supreme Court.

Can the court require both security and additional record expenses?

The rule authorizes orders addressing inadequate security or further record-related payment as circumstances require, with a time for compliance fixed by the court.

Does admission of an appeal automatically stay execution?

No. Order XLV Rule 13 provides that the decree appealed from is ordinarily executed unless the court otherwise directs, subject to the powers and conditions stated there.

Official legal sources

Updated: 13 October 2026. This article explains the central CPC provision for general information. Check applicable amendments, court rules and orders for a particular case.