Order XLV, Rule 2 mandates that applications for a certificate to appeal to the Supreme Court must be submitted by petition to _______________?
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Answer: C. To the Court whose decree is complained of
Explanation
Applications for Supreme Court appeal certificates must be submitted to the court whose decree is complained of. The originating high court evaluates whether the case involves substantial questions of law. This procedural step ensures local judicial screening before matters reach the apex court. Civil procedure rules regulate appeals from high courts to the supreme court of the country. Appellants must petition the rendering court for leave or a certificate before appealing upwards. Supreme court rules set strict valuation and constitutional criteria for granting appeal certificates.
Litigants dissatisfied with high court rulings must navigate this precise appellate pathway. High court judges review certification petitions to determine if constitutional thresholds are met. Procedural compliance prevents premature filings directly in the supreme court without leave. Filing directly in the high court without petitioning the bench whose decree is challenged is incorrect. Submitting the petition straight to the Supreme Court bypasses mandatory preliminary screening. The option none of the these is incorrect because the rendering court is the proper recipient.
- Subject
- Law
- Category
- Judiciary and Law
- Topic
- —
- Difficulty
- medium
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