Notice to Respondent of Admission of Appeal to the Supreme Court (Order 45, Rule 8)

In legal proceedings, once an appeal is admitted to the Supreme Court of India, the respondent needs to be informed of the admission. This is done through a Notice to Respondent of Admission of Appeal, issued under Order 45, Rule 8 of the Code of Civil Procedure, 1908 (CPC). The notice informs the respondent that the appeal has been accepted by the Supreme Court, and the necessary security or deposit has been furnished, as required by the provisions of the Code.

Legal Framework (Order 45, Rule 8 of the CPC, 1908)

Order 45, Rule 8 lays down the procedure for notifying the respondent when an appeal has been admitted to the Supreme Court. This rule ensures that the party against whom the appeal is filed is kept informed of the developments, allowing them to take appropriate actions if necessary.

Content of the Notice

The Notice to Respondent must contain the following key elements:

1. Heading of the Notice:
   • The notice should clearly state that it is a notification of the admission of the appeal to the Supreme Court.
2. Details of the Appeal:
   • The notice must specify the name of the appellant and the date when the appeal was admitted to the Supreme Court.
   • It should also include a mention that the security and deposit required under Order XLV, Rule 7 have been furnished.
3. Date of Admission:
   • The notice must clearly mention the date of admission of the appeal to the Supreme Court, indicating when the appeal was formally accepted.
4. Signature and Seal:
   • The notice must be signed by the Registrar of the court issuing the notice and should carry the seal of the court to authenticate it.

Sample Format of Notice to Respondent of Admission of Appeal:

Purpose and Importance of the Notice

The notice of admission of appeal serves several important purposes:

1. Notification of Admission: It formally informs the respondent that the Supreme Court has accepted the appeal. This provides the respondent with legal clarity about the case moving forward to the highest court in the country.
2. Legal Requirement: The notice serves as a compliance measure under the Code of Civil Procedure, ensuring that all legal processes are followed appropriately. The furnishing of security and the deposit are vital steps to ensure that the appellant can pursue the appeal in the Supreme Court.
3. Opportunity to Respond: Once notified, the respondent has the opportunity to respond to the appeal, seek legal advice, and prepare for any subsequent proceedings in the Supreme Court.
4. Transparency and Fairness: By notifying the respondent of the admission of the appeal, the court ensures that both parties are on an equal footing in terms of information and can actively participate in the legal process.

Procedure Following the Admission of Appeal

After the appeal is admitted, the following steps generally occur:

• Security and Deposit: As required by Order XLV, Rule 7, the appellant must provide the necessary security or deposit to the satisfaction of the court before the appeal can proceed.
• Preparation for Hearing: Once the appeal is admitted, the court will fix a date for the hearing of the appeal in the Supreme Court. Both parties will be notified accordingly.
• Respondent’s Actions: Upon receiving the notice, the respondent may choose to:
  • Prepare and submit their response to the appeal.
  • Apply for a hearing date or take other procedural steps in opposition to the appeal.

Conclusion

The Notice to Respondent of Admission of Appeal under Order 45, Rule 8 of the Code of Civil Procedure is a vital procedural document in the legal process. It ensures that the respondent is aware of the appeal’s admission to the Supreme Court, the appellant’s compliance with the required security or deposit, and the subsequent legal steps. By adhering to this procedure, the court maintains transparency, fairness, and consistency in the legal process, giving both parties the opportunity to participate fully in the proceedings.

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