Order XLV Rule 9 CPC - Revocation of Acceptance of Security
Order XLV Rule 9 of the Code of Civil Procedure, 1908 (CPC) allows the court to withdraw its earlier acceptance of security furnished for an appeal to the Supreme Court, provided sufficient cause is shown and the appeal has not yet been admitted.
Order XLV Rule 9 CPC - Statutory provision
Heading: Revocation of acceptance of security.
At any time before the admission of the appeal the Court may, upon cause shown, revoke the acceptance of any such security, and make further directions thereon.
Meaning and scope of Rule 9
Revocation means withdrawal of an earlier decision accepting security. Under this rule, the court retains control over the adequacy and acceptability of security before the appeal is admitted. The words "may, upon cause shown" indicate a discretionary power that requires a sufficient reason; revocation is not automatic.
Security in this context is the security furnished under the provisions governing an appeal to the Supreme Court, particularly Order XLV Rule 7, for the respondent's costs. The court may reconsider its acceptance if a material issue concerning that security is brought to its attention.
Timing matters: Rule 9 expressly operates before the admission of the appeal. It should not be described as a general power to revoke security at every later stage of Supreme Court proceedings.
How revocation of accepted security works
- Security is initially accepted: The applicant furnishes security in connection with a proposed Supreme Court appeal.
- Cause is shown: A concern about the accepted security is brought before the court with supporting reasons.
- The court considers the issue: Before admission, the court decides whether the reasons justify revoking acceptance.
- Further directions may follow: If acceptance is revoked, the court may issue appropriate directions concerning the security. The exact directions depend on the circumstances and applicable rules.
Rule 9 concerns the acceptance of security; it does not itself determine the merits of the underlying civil dispute or automatically dismiss an appeal. Compliance with applicable security and admission requirements remains important.
Related CPC and constitutional provisions
Order XLV Rule 7 - Security and deposit
Rule 7 governs security and the deposit of expenses following grant of a certificate for appeal. Rule 9 addresses possible revocation of the court's acceptance of that security before admission.
Order XLV Rule 8 - Admission of appeal
Rule 8 deals with admission of the appeal after the court is satisfied that the required security has been furnished and deposit made, and with related procedural steps.
Order XLV Rule 10 - Further security or payment
Rule 10 addresses the court's power concerning further security or payment. It is a distinct provision and should be read alongside Rule 9.
Section 109 CPC and Articles 133, 134A and 136
Section 109 CPC concerns appeals to the Supreme Court from specified civil judgments, decrees or final orders, subject to the applicable constitutional requirements. Article 133 governs certificates for civil appeals involving substantial questions of law of general importance; Article 134A deals with certificates for appeal; and Article 136 provides the Supreme Court's discretionary special-leave jurisdiction. A petition for special leave under Article 136 is distinct from the certificate-based procedure under Order XLV.
Official legal resources
For the authoritative statutory wording, amendments and applicable procedural requirements, consult India Code - Code of Civil Procedure, 1908, the Constitution of India (Legislative Department) and the Supreme Court of India. Check the current Supreme Court Rules and any relevant court directions for a particular appeal.