Order XLV Rule 6 CPC - Effect of Refusal of Certificate
Order XLV Rule 6 of the Code of Civil Procedure, 1908 (CPC) explains the immediate procedural consequence when a court refuses to grant a certificate for an appeal to the Supreme Court.
Text of Order XLV Rule 6 CPC
Effect of refusal of certificate. "Where such certificate is refused, the petition shall be dismissed."
Meaning and legal effect
The rule concerns a petition made to obtain the certificate required for an appeal to the Supreme Court under the applicable statutory and constitutional provisions. When the court refuses that certificate, it must dismiss the petition seeking the certificate.
The dismissal under Rule 6 is not, by itself, a fresh determination of the merits of the underlying civil dispute. The decree or final order sought to be appealed against remains subject to the legal consequences of the original judgment and any remedy independently available under law.
How the certificate procedure works
- Application: Under Order XLV Rule 2, the person seeking to appeal applies by petition to the court whose decree is challenged.
- Grounds and notice: Order XLV Rule 3 addresses the grounds supporting the certificate and notice to the opposite party.
- Refusal: If the certificate is refused, Order XLV Rule 6 requires dismissal of that certificate petition.
- Grant: Where a certificate is granted, subsequent steps are governed by the applicable provisions of Order XLV, including Rule 7 and Rule 8.
Relationship with the Constitution and Section 109 CPC
Section 109 CPC deals with appeals to the Supreme Court from qualifying judgments, decrees or final orders in civil proceedings of a High Court, subject to the constitutional framework and certification requirements. Article 133(1) of the Constitution provides for a certificate where the High Court considers that the case involves a substantial question of law of general importance and that, in its opinion, the question needs to be decided by the Supreme Court. Article 134A concerns the High Court's consideration of a certificate for appeal.
Article 136 separately empowers the Supreme Court, in its discretion and subject to constitutional limitations, to grant special leave to appeal. Accordingly, refusal of a certificate under Order XLV does not automatically eliminate the possibility of seeking special leave. Special leave is discretionary, not an appeal as of right, and is subject to applicable limitation periods and Supreme Court procedural rules.
Important distinction: Order XLV Rule 6 dismisses the certificate petition, not an appeal already admitted by the Supreme Court. A party considering further proceedings should examine the relevant judgment, limitation requirements and current Supreme Court Rules.
Frequently asked questions
What happens when a certificate to appeal is refused?
The petition seeking the certificate is dismissed under Order XLV Rule 6 CPC.
Does refusal of a certificate prevent every approach to the Supreme Court?
No. An application for special leave under Article 136 may be available in an appropriate case, but its grant is entirely discretionary and subject to applicable law and procedure.
Is Rule 6 itself a provision for challenging the original decree?
No. It states the consequence of refusal of the certificate. Other remedies must be examined under the relevant law.
Statutory sources and official resources
- India Code - official repository for the Code of Civil Procedure, 1908 (Act 5 of 1908), including Section 109 and Order XLV.
- Legislative Department, Government of India - Constitution of India, including Articles 133, 134A and 136.
- Supreme Court of India - court rules, filing information and official notices.
Legal information only. The applicability of provisions may depend on amendments, procedural rules and the circumstances of a particular case.