CPC 1908 § Order XLV, Rule 3 — Certificate as to value or fitness

Statutory text (English)

2[
(1) A petition made under rule 2 shall briefly state the
grounds of appeal and pray for a certificate.]

(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 [:]2
2[
Provided that no notice shall be directed to be served on or given to the opposite party or to
the legal representative of a deceased opposite party in a case where such opposite party did not appear
either at the hearing in the Court whose decree is complained of or at any proceedings subsequent to
the decree of that Court.]
2[
(3) The Court may, if the opposite party in response to the notice issued under sub-rule

(2)
appears, after hearing both the parties, or if the opposite party does not appear in response to such
notice, then after hearing the party making the petition, grant or refuse the certificate.

(4) If on the date fixed for the hearing, the party making the petition does not appear and the
opposite party appears in response to such notice or if both the parties do not appear on such date, the
petition shall be dismissed.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XLV, Rule 3 (APPEALS TO THE 1[SUPREME COURT]): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 176, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 176) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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