The party desiring to appeal to the Supreme Court should apply by petition to the Court whose decree is complained of, viz., the High Court. Every petition should state grounds of appeal and pray for a certificate that the case fulfils the requirements of S. 109 of the Code.
Upon receipt of such petition, the High Court directs notice to be served on the opposite party to show because why they said certificate should not be granted. After the parties have been heard, the certificate may either be refused or granted.
Where it is granted, the applicant should within 90 days or such further period not exceeding 60 days from the date of the decree or order or within six weeks of the date of the granting of the certificate, whichever is the later date, furnish security for the costs of the respondent and deposit the amount required to defray the expenses of translating, transcribing, indexing, printing and transmitting to the Supreme Court a copy of the record of the suit.
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ADVERTISEMENTS:
Where such security has been furnished and deposit made, the court will declare the appeal admitted, give notice thereof to the respondent, transmit to the Supreme Court under the seal of the Court a correct copy of the said record and give to either party authenticated copies of any of the papers in the suit on his paying the reasonable expenses incurred in preparing them.
On May 3, 1982, the Supreme Court abolished the practice of depositing security for admission of petitions.
A petition for special leave to appeal as an indigent person has to be made to the Supreme Court. The High Court has no power to grant such leave. Such petition shall be accompanied by an affidavit from the petitioner stating that he is not possessed of property worth Rs. 1,000/- other than the property exempt from attachment in execution of a decree and his interest in the subject-matter of the intended appeal and that he is unable to provide sureties and pay court fees, and also by a certificate of counsel that the petitioner has reasonable ground of appeal. The other rules relating to appeals by indigent persons as provided in the Code apply mutatis mutandis to petitions for special leave to appeal as an indigent person.