Order XLV Rule 8 CPC - Admission of Appeal and Procedure Thereon
Order XLV Rule 8 of the Code of Civil Procedure, 1908 (CPC) explains what the court must do after the required security has been furnished and the deposit for preparing and transmitting the record has been made to its satisfaction in a certified appeal to the Supreme Court.
Order XLV Rule 8 CPC - statutory provision
Where such security has been furnished and deposit made to the satisfaction of the Court, the Court shall—
- declare the appeal admitted,
- give notice thereof to the respondent,
- transmit to the Supreme Court under the seal of the Court a correct copy of the said record, except as aforesaid, and
- give to either party one or more authenticated copies of any of the papers in the suit on his applying therefor and paying the reasonable expenses incurred in preparing them.
Meaning and scope of Rule 8
This rule concerns the procedural steps following compliance with the security and deposit requirements of Order XLV Rule 7 CPC. It does not itself decide the merits of the appeal or guarantee that the Supreme Court will allow it.
1. Declaration that the appeal is admitted
Once the court is satisfied that the prescribed security and deposit have been furnished, it declares the appeal admitted for the purpose of the procedure under Order XLV. This is distinct from a final determination of the case by the Supreme Court.
2. Notice to the respondent
The court must notify the respondent of the admission. The notice ensures that the opposite party is informed of the appeal and can take steps in accordance with applicable procedural rules.
3. Transmission of the record
The court must send a correct copy of the relevant case record to the Supreme Court under its seal. The exclusions permitted under Rule 7, including documents excluded by applicable rules or court directions, remain relevant.
4. Authenticated copies for the parties
Either party may request one or more authenticated copies of papers in the suit. The requesting party must pay the reasonable cost of preparing those copies.
Related legal provisions
Order XLV Rule 2: Provides for a petition to the court whose decree is challenged and an endeavour to dispose of the certificate petition within sixty days.
Order XLV Rule 3: Addresses the grounds for certification, including a substantial question of law of general importance requiring decision by the Supreme Court.
Order XLV Rule 7: Deals with security for the respondent's costs and deposit of record-preparation and transmission expenses following the grant of a certificate.
Section 109 CPC: Governs appeals to the Supreme Court from specified civil judgments, decrees or final orders, subject to the constitutional framework and certification requirements.
Articles 133 and 134A of the Constitution: Concern civil appellate jurisdiction and the procedure for a High Court certificate. Article 136 separately empowers the Supreme Court, in its discretion, to grant special leave; an SLP is not the same as a certified appeal under Order XLV.
Practical sequence
- Obtain the relevant certificate in accordance with applicable law.
- Furnish security and make the required deposit under Rule 7.
- The court verifies compliance and declares the appeal admitted under Rule 8.
- The respondent is notified and the prescribed record is transmitted to the Supreme Court.
- The parties may obtain authenticated copies on request and payment of reasonable preparation costs.
Supreme Court filing, listing and subsequent proceedings are also governed by the applicable Supreme Court Rules and practice directions. Parties should verify current procedural requirements before filing.
Frequently asked questions
Does admission under Order XLV Rule 8 mean the appeal has succeeded?
No. It is a procedural admission after compliance with the security and deposit requirements, not a judgment allowing the appeal.
Who sends the case record to the Supreme Court?
Under Rule 8(c), the court handling the certified appeal transmits a correct copy of the prescribed record under its seal.
Can either party obtain authenticated copies?
Yes. Rule 8(d) permits either party to request authenticated copies of suit papers upon payment of reasonable preparation expenses.
Official legal sources
Read the Code of Civil Procedure, 1908 (India Code PDF) and consult the Supreme Court of India for current rules and practice directions. The statutory wording and local amendments should be checked against the applicable official text.