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Report No. 54

Chapter 45

Appeals to The Supreme Court


45.1. Procedure in appeals to the Supreme Court, in so far as the proceedings leading to such appeal take place in the High Court is dealt with in Order 45.

45.2. Originally, Order 45 dealt with appeals to the King in Council, that is to say, the Judicial Committee of the Privy Council, to whom, in cases of a certain amount, there was an appeal in the last resort from the judgments of the Court of British India (and of all the other dependencies and colonies of the realm). This Chapter reproduced the provisions of an Act1 of 1874, which had been, as a Bill, submitted to, and approved by, the Judicial Committee, and which was repealed and re-enacted by the Code of 1877. With minor modifications, the Order has continued in successive Codes. It needs no change.2

1. The Privy Council Appeal Act, 1874.

2. As to the history of Article 133 of the Constitution, see 45th Report of the Law Commission, paras. 7 and 8.

The Code of Civil Procedure, 1908 Back

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