Code of Civil Procedure, 1908 · Order XLV: Appeals To The Supreme Court

Order XLV Rule 2 CPC: Application to Court whose decree complained of

Bare Act text

2. Application to Court whose decree complained of.—[(1)] Whoever desires to appeal [the Supreme Court] shall apply by petition to the Court whose decree is complained of.

[(2) Every petition under sub-rule (1) shall be heard as expeditiously as possible and endeavour shall be made to conclude the disposal of the petition within sixty days from the date on which the petition is presented to the Court under sub-rule (1).]

Amendment notes

Rule 2 re-numbered as sub-rule (1) of that rule by Act 104 of 1976, s. 91 (w.e.f. 1-2-1977).
Subs. by the A.O. 1950, for “His Majesty in Council”.
Ins. by Act 104 of 1976, s. 91 (w.e.f. 1-2-1977).

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

Whoever wishes to appeal to the Supreme Court must apply by petition to the Court whose decree is complained of. Under the 1976 amendment, every such petition is to be heard as expeditiously as possible, and an endeavour must be made to dispose of it within sixty days from the date it is presented.