Description

Order 45 of the Civil Procedure Code (CPC) governs appeals to the Supreme Court from any decision made by a lower court, such as a High Court or any other appellate court. This order provides the legal framework and procedures for filing an appeal to the Supreme Court of India from a decree or judgment passed by a lower court. It primarily applies to appeals in civil matters and is concerned with cases where a party is dissatisfied with the judgment or decree passed by an appellate court and wishes to challenge it at the highest level of the judiciary.

Key Provisions of Order 45 CPC:

1. Rule 1 - Application for Leave to Appeal:

• Appeals to the Supreme Court are generally allowed only with special leave to appeal. This means that the appellant needs to seek permission from the Supreme Court to file an appeal.
• The party wishing to appeal to the Supreme Court must apply for special leave to the Supreme Court within 90 days from the date of the judgment or order sought to be appealed.
• The special leave petition must include the grounds for appeal and explain why the case is deserving of the Supreme Court’s attention.

2. Rule 2 - Procedure for Special Leave Petition:

• The special leave petition must be filed in the Supreme Court with the following documents:
  • The memorandum of appeal stating the grounds of appeal.
  • A certified copy of the judgment or decree passed by the lower court.
  • Other relevant documents supporting the case.
• The Supreme Court will decide whether to grant special leave based on the merits of the petition and the legal issues involved.
• If the petition is admitted, the Supreme Court will issue notice to the respondent and fix a date for hearing.

3. Rule 3 - Costs of Appeal:

• If the appeal is allowed, the appellant may be required to deposit the costs of the appeal with the Supreme Court.
• If the appeal is dismissed, the appellant may be ordered to pay the costs of the proceedings.

4. Rule 4 - Payment of Court Fees:

• Court fees for filing an appeal to the Supreme Court must be paid according to the Supreme Court's rules, which are distinct from those applicable to lower courts.
• The appellant will be informed of the court fee requirement at the time of filing the appeal.

5. Rule 5 - Security for Costs:

• The Supreme Court may require the appellant to provide security for costs if there is a likelihood that the respondent may incur expenses in the event that the appeal is unsuccessful.
• If the appellant fails to provide such security, the appeal may be dismissed.

6. Rule 6 - Appeal by an Indigent Person:

• A person who is unable to pay the required court fees due to indigence can seek permission from the Supreme Court to file the appeal as an indigent person.
• The procedure for such a request is similar to that under Order 44 of the CPC, allowing indigent persons to access justice without being barred by financial constraints.

7. Rule 7 - Stay of Proceedings:

• The appellant can apply for a stay of proceedings or a stay of the execution of the lower court's decree while the appeal is pending in the Supreme Court.
• The Supreme Court has discretion to grant a stay depending on the circumstances of the case, including the likelihood of success of the appeal.

8. Rule 8 - Powers of the Supreme Court:

• After hearing the appeal, the Supreme Court has the authority to:
  • Confirm, modify, or reverse the decision made by the lower courts.
  • Remand the case to the lower court for reconsideration.
  • Pass any other orders it deems necessary to meet the ends of justice.

Punishment

Order 45 does not specify punishments related to filing appeals, but there are consequences if procedural rules are not followed or if an appeal is frivolous or malicious:

1. Dismissal of the Appeal:

   • If the Supreme Court finds that the appeal does not involve substantial legal questions or if the special leave petition is rejected, the appeal will be dismissed.
   • The appellant may also be required to pay the costs of the proceedings if the appeal is found to be without merit.

2. Costs:

   • If the appeal is dismissed, the appellant may be ordered to pay the costs incurred by the respondent in defending the appeal.

3. Contempt of Court:

   • If a party fails to comply with the orders of the Supreme Court or obstructs the appellate process, they may be held in contempt of court, which could lead to penalties such as fines or imprisonment.