Order 45 Rule 3 : Certificate as to value or fitness :
The Code Of Civil Procedure 1908
Order 45 :
Rule 3 :
Certificate as to value or fitness :
1.[(1) Every petition shall state the grounds of appeal and pray for a certificate-
(i) that the case involves a substantial question of law of general importance, and
(ii) that in the opinion of the Court the said question needs to be decided by the Supreme Court.]
(2) Upon receipt of such petition, the Court shall direct notice to be served on the opposite party to show cause why the said certificate should not be granted.
State Amendment :
High Court Amendments-[Allahabad] :
After the word "granted" and before the full stop at the end of sub-rule (2) of rule 3, insert the words "unless it thinks fit to refuse the certificat,".-(9-1-1960).
[Andhra Pradesh] :
See under rule 2.
[Bombay] :
In rule 3 for the existing sub-rule (2), substitute the following as sub-rule (2):
"(2) Upon receipt of such petition, the Court shall direct notice to be served on the opposite party to show cause why the said certificate should not be granted, unless it thinks fit to refuse the certificate."-(1-10-1983).
[Gujarat]:
n rule 3(2) after the words "to show cause why the said certificate should not be granted", the following words shall be inserted, namely:
"unless it thinks fit to refuse the certificate".-(17-8-1961).
[Kerala] :
In Order 45 in rule 3:
(i) for sub-rule (2), the following sub-rule shall be substituted, namely:
"(2) Upon receipt of such petition, the Court after fixing a day for hearing the applicant or his pleader and hearing him, if he appears, may dismiss the petition."
(ii) after sub-rule (2), the following sub-rule shall be inserted, namely:
"(3) Unless the Court dismisses such petition under sub-rule (2), it shall direct notice to be served on the opposite party to show cause why, the said certificate should not be granted."-(9-6-1959).
[Madhya Pradesh] :
(1) For sub-rule (2) of rule 3, Order 45, the following sub-rules shall be substituted, namely:
"(2) Upon receipt of such petition, the Court, after sending for the record, and after fixing a day for hearing the applicant or his pleader and hearing him accordingly if he appears on that day, may dismiss the petition.
(3) Unless the Court dismisses the petition under sub-rule (2), it shall direct notice to be served on the opposite party to show cause why the said certificate should not be granted. "-(16-9-1960).
[Madras] :
The following proviso shall be added to sub-rule (2) of rule 3:
"Provided that where leave to appeal is sought from a decree dismissing a proceeding in limine, notice shall not be necessary unless the Court otherwise directs."-(16-7-1969).
[Orissa] :
For sub-rule (2) of rule 3, Order 45, the following sub-rule shall be substituted, namely:
"(2) Upon receipt of such petition, the Court may, after giving the applicant or his pleader an opportunity of being heard, dismiss the petition summarily and the Court, unless dismisses the petition summarily, shall direct notice to be served on the opposite party to show cause why the said certificate should not be granted:
Provided that where a party has appeared through a pleader in the High Court, service of notice on such pleader either in the manner provided in this Code or by sending a copy of such notice by registered post shall be deemed to be sufficient notice to the party."-(14-5-1984).
[Punjab] :
For sub-rule (2) of rule 3 substitute the following:
"(2) Upon receipt of such petition, the Court shall, unless it dismisses the petition at the preliminary hearing, direct notice to be served on the opposite party to show cause why the said certificate should not be granted."-(1-1-1974).
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1. Substituted by Act 49 of 1973, section 4, for sub-rule (1).
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