Cancellation of a certificate under Order XII, Rule 3 of the Supreme Court Rules does not entitle the petitioner to file a fresh petition for leave to appeal to the Supreme Court.

( 1 ) THE question we are called upon to decide in these two petitions is as to the effect of cancellation of a certificate under Order XII, Rule 3 of the Supreme Court Rules, 1950.

( 2 ) THE deities of Sri Audinaraayanaswamy and Anjaneyaswami Temples of Donepudi represented by the Executive Officer, N. Mohana Rao, the petitioner in these petitions, obtained leave to 8 appeal to the supreme Court against the judgment of this Court in A. S. No. 591 of 1952. The petitioner had to furnish security and deposit the money required for preparation of books for the use of the Supreme Court before 18-12-1959. As he failed to do either till 4-3-1960 nor had he applied for extension of time, this Court cancelled the certificate granted on 6-11-1959. Shortly thereafter, the petitioner filed C. M. P. No. 4713 of 1960 for reviewing that order setting out the circumstances that prevented him from furnishing security and to make the necessary deposit.

( 3 ) WHEN this petition came on for hearing, an objection was raised by the learned counsel for competent, as the order sought to be reviewed was made under Order XII, Rule 3 of the Supreme Court Rules and not under anay of the provisions of the Civil Procedure Code. Seeing the force of this contention the petitioner preferred another petition (S. R. No. 39553 of 1960) for leave to appeal to the supreme Court within application (C. M. P. No. 9711 of 1960) to condone the delay in presenting it.

( 4 ) THE two points that call for determination here are (i) whether the order dated 4th March 1960 could be reviewed and, if that could not be done, (ii) whether a fresh petition under O. XLV of the Civil Procedure Code is maintainable.

( 5 ) THE two points could be easily disposed of. It does not present any difficulty if it is remembered that the order in question was passed under Order XII, Rule 3 of the Supreme Court Rules. That rule recites:-"where an appellant, having obtained a certificate from the High Court, fails to furnish the security or make the deposit required, that Court may on its own motion or on application in that behalf made by the respondent, cancel the certificate and may give such directions as to the costs of the appeal and the security entered into by the appellant as it shall think fit or make such further of other order as the justice of the case required ".

( 6 ) SUCH an order is not capable of being reviewed for the reason that there is nothing in the Supreme Court Rules which permit such a course. Nor can recourse be had to the provisions of the Civil Procedure Code, as the order inquisition was not made under the provisions of the Civil Procedure Code but was made under the Supreme Court Rules. In such a situation, no resort could be had either to Sec. 114 or Order XLVII of the Civil Procedure Code. Section 122 of the Civil Procedure Code says:- "nothing contained in this Code shall be deemed- (A) to affect the powers of the Supreme Court under Article 136 or any other provisions of the Constitution, or (b) to interfere with any rules made by the Supreme Court, and for the time being in force, for the presentation of appeals to that Court or their conduct before that Court.

( 7 ) BY virtue of this section, it is not s permissible to fall back upon the provisions of the Civil Procedure Code when an order was made under the Supreme Court Rules.

( 8 ) THE same result is reached by reached by reading section 4 C. P. C. which is in these words:-" (1) In the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law now in force or any special or local law now in force or any special jurisdiction or power conferred, or any special form of procedure prescribed by or under any other law for the time being in force".

( 9 ) INDISPUTABLY, the relevant rule is the special law enacted by the Supreme Court under Article 136 of the Constitution. That being the position, the Supreme Court Rule