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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 13 CPC: Powers of Court pending appeal

Bare Act text

13. Powers of Court pending appeal.—(1) Notwithstanding the grant of a certificate for the admission of any appeal, the decree appealed from shall be unconditionally executed, unless the Court otherwise directs.

(2) The Court may, if it thinks fit, on special cause shown by any party interested in the suit, or otherwise appearing to the Court,—

(a) impound any movable property in dispute or any part thereof, or

(b) allow the decree appealed from to be executed, taking such security from the respondent as the Court thinks fit for the due performance of any order which [the Supreme Court] may make on the appeal, or

(c) stay the execution of the decree appealed from, taking such security from the appellant as the Court thinks fit for the due performance of the decree appealed from, or of [any decree or order] which [the Supreme Court] may make on the appeal, or

(d) place any party seeking the assistance of the Court under such conditions or give such other direction respecting the subject-matter of the appeal, as it thinks fit, by the appointment of a receiver or otherwise.

Amendment notes

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

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

Even after a certificate is granted for an appeal to the Supreme Court, the decree appealed from is to be executed unconditionally unless the Court directs otherwise. On special cause shown, the Court may impound movable property in dispute, or allow execution taking security from the respondent for performance of any Supreme Court order. It may instead stay execution taking security from the appellant, or place a party under conditions or give other directions about the subject-matter, for example by appointing a receiver.

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  4. 4 Consolidation of suits (Repealed)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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