(1) Where the certificate is granted, the applicant shall, within 1[ninety days or such further period. not exceeding sixty days, as the Court may upon cause shown allow;] from the date of the decree complained of, or within six weeks from the date of the grant of the certificate whichever is the later date,-- (a) furnish security 2[in cash or in Government securities] for the costs of the respondent, and (b) deposit the amount required to defray the expense of translating, transcribing indexing 3[printing,] and transmitting to 4[the Supreme Court] a correct. copy of the whole record of the suit, except-- (1) formal documents directed to be excluded by any 5[Rule of the Supreme Court] in force for the time being; (2) papers which the parties agree to exclude; (3) accounts, or portions of accounts, which the officer empowered by the Court for that purpose considers unnecessary, and which the parties have not specifically asked to be included; and (4) such other documents as the High Court may direct to be excluded : 6[Provided that the Court at the time of granting the certificate may, after hearing any opposite party who appears, order on the ground of special hardship that some other form of security may be furnished: Provided further, that no adjournment shall be granted to an opposite party to contest the nature of such security. ] 7* * * * * 1. Subs. by Act 26 of 1920, s. 3, for "six months". 2. Ins. by s. 3, ibid. 3. Ins. by the A.O. 1950. 4. Subs. by the A.O. 1950, for "His Majesty in Council". 5. Subs., ibid., for "order of His Majesty in Council". 6. Added by Act 26 of 1920, s. 3. 7. Sub-rule (2) omitted by the A.O. 1950.
Chapter ORDER XLV — Appeals to the Supreme Court
Section Order XLV Rule 7
Security and deposit required on grant of certificate
Printed from Law on Tips • The Code of Civil Procedure, 1908