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THE FIRST SCHEDULE · ORDER XLV APPEALS TO THE SUPREME COURT

Order XLV Rule 17: Appeals to Federal Court

The Code of Civil Procedure, 1908

[Appeals to Federal Court.] Rep. by the Federal Act, 1941 (21 of 1941), s. 2.

State Amendment (as printed in the official text)

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 complained of, immediately before or

after the pronouncement of the judgment by the Court, for a certificate contemplated 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) ;

Provided that if an oral application is entertained and rejected, no written petition under sub-rule (1) shall lie.”

[Vide Uttar Pradesh Act 56 of 1957, s. 14]

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