Skip to content
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Order XLV Rule 17 CPC: Appeals to Federal Court (Repealed)

Bare Act text

17. [Appeals to Federal Court.] Rep. by the Federal Act, 1941 (21 of 1941), s. 2.

State amendments

Uttar Pradesh Amendment of Order XLV. In the First Schedule, in Order XLV, in rule 2, after sub- rule (2), the following sub-rule shall be inserted, namely :—

“(3) Notwithstanding anything contained in sub-rule (1), whoever desires to appeal to the Supreme Court, may apply orally to the Court whose decree is to be

complained of, immediately before or after the pronouncement of the judgment by the Court, for a certificate contemplated in sub-rule (1) of rule 3, and the Court may either grant or refuse the certificate, or direct the applicant to file a petition as required by sub-rule (1) ; Provided that if an oral application is entertained and rejected, no written petition

under sub-rule (1) shall lie.”

[Vide Uttar Pradesh Act 56 of 1957, s. 14]

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

Order 45 Rule 17 of the Code of Civil Procedure, 1908 (Appeals to Federal Court) has been repealed. The note in the text gives the amending Act and date.

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  4. 4 Consolidation of suits (Repealed)
  5. 5 Remission of dispute to Court of first instance (Repealed)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  18. 17 Appeals to Federal Court (Repealed)
ShareWhatsAppTelegramLinkedInX