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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XLV: Appeals To The Supreme Court

Order XLV Rule 12 CPC: Refund of balance deposit

Bare Act text

12. Refund of balance deposit.—When the copy of the record, except as aforesaid, has been transmitted to [the Supreme Court], the appellant may obtain a refund of the balance (if any) of the amount which he has deposited under rule 7.

Amendment notes

  1. Subs. by the A.O. 1950, for “His Majesty in Council”.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Once the copy of the record, except the excluded papers, has been transmitted to the Supreme Court, the appellant may obtain a refund of any balance of the amount he deposited under rule 7.

Order XLV: Appeals To The Supreme Court

  1. 1 “Decree” defined
  2. 2 Application to Court whose decree complained of
  3. 3 Certificate as to value or fitness
  4. 4 Consolidation of suits (Repealed)
  5. 5 Remission of dispute to Court of first instance (Repealed)
  6. 6 Effect of refusal of certificate
  7. 7 Security and deposit required on grant of certificate
  8. 8 Admission of appeal and procedure thereon
  9. 9 Revocation of acceptance of security
  10. 9A Power to dispense with notices in case of deceased parties
  11. 10 Power to order further security or payment
  12. 11 Effect of failure to comply with order
  13. 12 Refund of balance deposit
  14. 13 Powers of Court pending appeal
  15. 14 Increase of security found inadequate
  16. 15 Procedure to enforce orders of the Supreme Court
  17. 16 Appeal from order relating to execution
  18. 17 Appeals to Federal Court (Repealed)
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