Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 230

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 230, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.

Retained layout text

    1
     [(4) 2[Unless the Supreme Court otherwise directs, no decree or order of that Court] shall be
inoperative on the ground that no notice has been served on or given to the legal representative of any
deceased opposite party or deceased respondent in a case, where such opposite party or respondent did
not appear either at the hearing in the Court whose decree was complained of or at any proceedings
subsequent to the decree of that Court, but such order shall have the same force and effect as if it had
been made before the death took place.]
    16. Appeal from order relating to execution.—The orders made by the Court which executes the
3
 [decree or order] of 4[the Supreme Court], relating to such execution, shall be appealable in the same
manner and subject to the same rules as the orders of such Court relating to the execution of its own
decrees.
    17. [Appeals to Federal Court.] Rep. by the Federal Act, 1941 (21 of 1941), s. 2.
                                       STATE AMENDMENT
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
                                                                           e
    complained of, immediately before or                             od
        after the pronouncement of the judgment by the Court, for a certificate contemplated
                                                              aC
    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) ;
                                                         di
       Provided that if an oral application is entertained and rejected, no written petition
    under sub-rule (1) shall lie.”
                                                    In
[Vide Uttar Pradesh Act 56 of 1957, s. 14]
                                                   ORDER XLVI
                                                   REFERENCE
    1. Reference of question to High Court.—Where, before or on the hearing of a suit or an appeal in
which the decree is not subject to appeal, or where, in the execution of any such decree, any question of
law or usage having the force of law arises, on which the Court trying the suit or appeal, or executing the
decree, entertains reasonable doubt, the Court may, either of its own motion or on the application of any
of the parties, draw up a statement of the facts of the case and the point on which doubt is entertained,
and refer such statement with its own opinion on the point for the decision of the High Court.
    2. Court may pass decree contingent upon decision of High Court.—The Court may either stay
the proceedings or proceed in the case notwithstanding such reference, and may pass a decree or make an
order contingent upon the decision of the High Court on the point referred:
    But no decree or order shall be executed in any case in which such reference is made until the receipt
of a copy of the judgment of the High Court upon the reference.
    3. Judgment of High Court to be transmitted and case disposed of accordingly.—The High
Court, after hearing the parties if they appear and desire to be heard, shall decide the point so referred,
and shall transmit a copy of its judgment, under the signature of the Registrar, to the Court by which the


1. Ins. by Act 26 of 1920, s. 5.
2. Subs. by the A.O. 1950, for “Unless His Majesty in Council is pleased otherwise to direct, no order of His Majesty in
   Council”.
3. Subs. ibid., for “order”.
4. Subs. ibid., for “His Majesty in Council”.


                                                         230

Compare original page image