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Friday, 13 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 15 CPC: Procedure to enforce orders of the Supreme Court

Bare Act text

15. Procedure to enforce orders of the Supreme Court.—(1) Whoever desires to obtain execution of [any decree or order] of [the Supreme Court] shall apply by petition, accompanied by a certified copy of the decree passed or order made in appeal and sought to be executed, to the Court from which the appeal to [the Supreme Court] was preferred.

(2) Such Court shall transmit the [decree or order] of [the Supreme Court] to the Court which passed the first decree appealed from, or to such other Court as [the Supreme Court] by such [decree or order] may direct and shall (upon the application of either party) give such directions as may be required for the execution of the same; and the Court to which the said [decree or order] is so transmitted shall execute it accordingly, in the manner and according to the provisions applicable to the execution of its original decrees.

* * *

[(4) [Unless the Supreme Court otherwise directs, no decree or order of that Court] shall be inoperative on the ground that no notice has been served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the Court whose decree was complained of or at any proceedings subsequent to the decree of that Court, but such order shall have the same force and effect as if it had been made before the death took place.]

Amendment notes

  1. Subs. by the A.O. 1950, for “His Majesty in Council”.
  2. Subs. by the A.O. 1950, for “any order”.
  3. Subs. by ibid., for “order”.
  4. Sub-rule (3) omitted by the A.O. 1950.
  5. Ins. by Act 26 of 1920, s. 5.
  6. Subs. by the A.O. 1950, for “Unless His Majesty in Council is pleased otherwise to direct, no order of 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

A person wanting to execute a Supreme Court decree or order applies by petition, with a certified copy, to the Court from which the appeal was preferred. That Court transmits the decree or order to the Court that passed the first decree, or to another Court the Supreme Court directs, and gives directions on application. The receiving Court executes it as it would its own decrees. Unless the Supreme Court directs otherwise, an order is not inoperative merely for want of notice to the legal representative of a non-appearing deceased party.

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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