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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 10 CPC: Power to order further security or payment

Bare Act text

10. Power to order further security or payment.—Where at any time after the admission of an appeal but before the transmission of the copy of the record, except as aforesaid, to [the Supreme Court], such security appears inadequate, or further payment is required for the purpose of translating, transcribing, printing, indexing or transmitting the copy of the record, except as aforesaid, the Court may order the appellant to furnish, within a time to be fixed by the Court, other and sufficient security, or to make, within like time, the required payment.

Amendment notes

  1. Added by Act 26 of 1920, s. 3.

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

After an appeal is admitted but before the record copy is transmitted to the Supreme Court, the Court may order further security or payment. It may do so where the security appears inadequate, or where more is required to translate, transcribe, print, index or transmit the record copy. The appellant must furnish other sufficient security or make the payment within a time fixed by the Court.

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  4. 4 Consolidation of suits (Repealed)
  5. 5 Remission of dispute to Court of first instance (Repealed)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  18. 17 Appeals to Federal Court (Repealed)