Code of Civil Procedure, 1908 | Order 45 | Appeals to the Supreme Court
Order XLV Rule 12 CPC - Refund of Balance Deposit
Order XLV Rule 12 of the Code of Civil Procedure, 1908 addresses the refund of money left over from the deposit made to prepare and transmit the record of a certified civil appeal to the Supreme Court.
Text of Order XLV Rule 12
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.
Source: India Code - Code of Civil Procedure, 1908 (official PDF). The statutory text should be read with applicable amendments and court rules.
Meaning and purpose of Rule 12
The rule ensures that the appellant is not required to forfeit the unused portion of a deposit collected for preparing and forwarding the appeal record. The deposit under Order XLV Rule 7 is intended to meet specified record-related expenses, including translation, transcription, indexing, printing and transmission.
Once the copy of the record has been transmitted to the Supreme Court, the appellant may seek return of any remaining balance. The rule concerns the unspent balance of the record-expense deposit, not an automatic refund of every form of security or payment connected with the appeal.
When is a refund available?
- Deposit under Rule 7: The appellant has paid money towards the preparation and transmission of the appeal record.
- Transmission of record: The required copy of the record, subject to the exclusions permitted under the relevant rules, has been transmitted to the Supreme Court.
- Unspent amount: A balance remains after the applicable expenses have been accounted for.
- Refund request: The appellant seeks the balance through the court or registry holding or administering the deposit, subject to applicable procedural requirements.
How to seek a refund of the balance deposit
As a practical matter, the appellant or counsel may contact the concerned court registry to confirm transmission of the record and obtain the deposit account details. Any refund application should identify the case, deposit receipt, amount deposited, relevant expenditure and the balance claimed. The registry may require proof of identity, payment details or a court order depending on the applicable High Court rules and administrative practice.
Illustration: If an appellant deposits Rs. 30,000 for preparing and transmitting the record and the accounted expenditure is Rs. 22,000, the remaining Rs. 8,000 may be claimed under Rule 12 after transmission, subject to verification and applicable directions. These amounts are illustrative, not statutory fees.
Related provisions under Order XLV
Rule 7 - Security and deposit required on grant of certificate
Rule 7 addresses security for the respondent's costs and the separate deposit towards preparing and transmitting the record. Rule 12 refers specifically to the balance of the amount deposited under Rule 7 for the record.
Rule 10 - Power to order further security or payment
Rule 10 permits a direction for additional security or payment where the original provision is insufficient before transmission of the record.
Rule 11 - Effect of failure to comply
Rule 11 addresses the consequences of failing to comply with an order under Rule 10, including a stay of proceedings and the absence of an automatic stay of execution.
Rule 13 - Powers of court pending appeal
Rule 13 governs certain powers concerning execution and protection of the subject matter while an appeal is pending. A refund under Rule 12 does not itself decide whether execution is stayed.
Frequently asked questions
Is the whole deposit refundable?
No. Rule 12 permits a refund only of the balance, if any, remaining from the relevant deposit after record-related expenses.
Does the appellant have to win the appeal?
Rule 12 makes transmission of the record, rather than success in the appeal, the relevant statutory event for seeking the balance refund.
Is the refund automatic?
The rule says the appellant may obtain a refund. The practical process depends on the court's accounting, registry procedure and applicable directions.
Official legal references
Read the Code of Civil Procedure, 1908 on India Code and consult the Supreme Court of India for current court rules and practice directions. High Court-specific amendments and procedures may affect the handling of deposits and refunds.