Introduction 

Order XLV of the Code of Civil Procedure, 1908 (CPC) establishes the comprehensive framework governing appeals to the Supreme Court of India. This procedural order delineates the mandatory requirements, timelines, and conditions that must be fulfilled by parties seeking to challenge decrees or final orders before the apex court. The provisions ensure that only cases involving substantial questions of law of general importance reach the Supreme Court, thereby maintaining judicial hierarchy and efficient case management. 

Certificate Requirements and Application Procedure 

• The foundation of any Supreme Court appeal lies in obtaining the requisite certificate from the court whose decree is being challenged.  
• Under Rule 2, every appellant must apply by petition to the originating court, with the matter to be disposed of within sixty days of presentation. 
• Rule 3 mandates that the petition must demonstrate two critical elements: first, that the case involves a substantial question of law of general importance, and second, that the court believes this question necessitates determination by the Supreme Court.  
• The opposite party must be served notice to show cause against the grant of such certificate, ensuring procedural fairness and adversarial hearing. 

Security And Deposit Obligations 

• Rule 7 establishes stringent financial safeguards that must be satisfied within ninety days of the decree or six weeks from certificate of grant, whichever is later.  
• The appellant must furnish security in cash or government securities for respondent's costs and deposit amounts for translating, transcribing, indexing, printing, and transmitting the complete case record to the Supreme Court.  
• The court possesses discretionary power to accept alternative security forms in cases of special hardship, though no adjournments shall be granted to contest security of nature.  
• Rule 10 empowers courts to demand additional security or payments if initial provisions prove inadequate before record transmission. 

Appeal Admission and Transmission Process 

• Upon satisfactory completion of security and deposit requirements under Rule 8, the court shall declare the appeal admitted, notify the respondent, and transmit a sealed, authenticated copy of the complete record to the Supreme Court.  
• Rule 12 provides for refund of excess deposit amounts after record transmission. 
• The process includes specific exclusions for formal documents, papers agreed upon by parties, unnecessary account portions, and documents directed for exclusion by the High Court, ensuring transmission of only relevant materials. 

Interim Powers and Execution Provisions 

• Rule 13 establishes that decree execution proceeds unconditionally despite certificate of grant, unless the court directs otherwise. Courts possess discretionary powers to impound movable property, allow conditional execution with respondent security, stay execution with appellant security, or appoint receivers as circumstances warrant.  
• Rule 14 addresses inadequate security scenarios, permitting courts to demand additional security and providing specific remedies for non-compliance, including decree execution despite original security or restoration of parties to previous positions. 

Conclusion 

Order XLV represents a carefully balanced procedural framework that facilitates legitimate appeals to the Supreme Court while preventing frivolous litigation through stringent certificate requirements and financial safeguards. The provisions ensure that only matters of substantial legal importance reach the apex court, maintaining judicial efficiency and protecting parties' interests through comprehensive security mechanisms. This procedural order serves as the cornerstone for Supreme Court appeals, embodying principles of natural justice, procedural fairness, and judicial hierarchy within India's legal system.