Order XLV Rule 3: Certificate as to value or fitness

[(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 [:] [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.] [(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.

Effective date: 1909-01-01

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