Code of Civil Procedure, 1908 / Order XLV

Order XLV Rule 7 CPC - Security and Deposit Required on Grant of Certificate

Order 45 Rule 7 of the Code of Civil Procedure, 1908 governs the security for the respondent's costs and the deposit for preparation and transmission of the court record after a certificate for appeal to the Supreme Court has been granted.

Key point: Grant of a certificate does not by itself complete the procedural requirements for admission of the appeal. The applicant must comply with the security and deposit requirements, subject to the rule and applicable court directions.

What does Order XLV Rule 7 provide?

Under sub-rule (1), an applicant who has obtained a certificate must, within the statutory period, both furnish security for the respondent's costs and deposit the sum required for preparing and transmitting the record of the suit to the Supreme Court.

Time limit under Rule 7(1)

The rule refers to 90 days from the decree complained of, with a further period of up to 60 days that the court may allow on cause shown, or six weeks from grant of the certificate, whichever is the later applicable date. The precise deadline should be calculated from the decree and certificate dates and any extension order; parties should not assume that an extension is automatic.

Rule 7(1)(a): Security for respondent's costs

The applicant must furnish security in cash or Government securities for the costs of the respondent. The object is to secure the respondent against relevant appeal costs. The first proviso allows the court, when granting the certificate, to permit another form of security on grounds of special hardship after hearing any opposing party who appears.

Rule 7(1)(b): Deposit for preparing the record

The applicant must deposit the amount required to meet expenses of translating, transcribing, indexing, printing and transmitting a correct copy of the suit record to the Supreme Court. This is separate from security for the respondent's costs.

Documents that may be excluded from the transmitted record

Rule 7(1)(b) identifies four categories of material that need not be included:

Formal documents excluded under applicable Supreme Court rules.
Papers that the parties agree to exclude.
Accounts or portions of accounts that the empowered court officer considers unnecessary, unless a party specifically requests their inclusion.
Other documents the High Court directs to be excluded.

Special hardship and the second proviso

The court may authorize another form of security because of special hardship when it grants the certificate, after hearing an opposite party who appears. The second proviso specifies that an adjournment must not be granted to an opposite party merely to contest the nature of that security.

How Rule 7 fits into the appeal process

Order XLV Rule 2 deals with applying for a certificate; Rule 3 addresses the grounds and notice relating to certification; Rule 7 addresses security and record expenses after certification; and Rule 8 addresses admission of the appeal and related steps when the court is satisfied that security and deposit requirements have been met.

Section 109 CPC governs appeals to the Supreme Court from qualifying civil judgments, decrees or final orders, subject to the constitutional framework. Articles 133 and 134A of the Constitution concern civil appellate jurisdiction and certification by the High Court. Article 136 provides a distinct discretionary special-leave jurisdiction; a special leave petition should not be treated as the same procedure as an appeal on a High Court certificate.

Practical checklist for applicants

Confirm the certificate order and relevant dates.
Check the applicable security amount and acceptable form.
Obtain the court's estimate or direction for preparation and transmission of the record.
Identify any documents properly excluded under Rule 7.
Apply promptly if an extension or alternative security on special-hardship grounds is necessary.
Comply with current Supreme Court Rules, registry directions and any orders in the case.

Official legal sources

This article explains the central CPC provision in general terms. Check applicable amendments, current court rules and case-specific orders before taking procedural steps.