Appeal period

Querist : Anonymous (Querist) 24 April 2010 This query is : Resolved
Family Court Judge has given an order in IA allowing setaside of exparte divorce order. Kindly please let me know the time limit for appeal period for this IA order? and whether the time starts from the date of recieving the order copy or the date of order copy made ready? whether the holiday month of MAY of the high court will be excluded while calculating the appeal period?

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Unbiased Advice (Expert) 24 April 2010
Limitation Act clearly describes this Court Holidays are excluded for all such appeals.

All thew Best!!!!!!!

Guest (Expert) 24 April 2010
30 days from the date of order. The time starts from the date of order copy made ready. you ve to file appeal after the court reopen on very first day.
for example date of order is---- 1.1.2010
applied for copying--2.1.2010
copy of order ready--3.1.2010
receiving the copy --4.1.2010
the time has begun to run on 3.1.2010 when copy of order is ready, it doesn't matter when you receive it.... it presumed that whenever the copy was ready a person ve to take it on the very same day....
Suppose Vacation in high court 1.2.2010 to 1.3.2010.... thwn you ve to file appeal on the first day when court reopen...i.e. 2.3.2010

B K Raghavendra Rao (Expert) 25 April 2010
The vacation period is not excluded. If the appeal period ends on a day that falls within the period of vacation, then the appeal may be filed on the day of reopening of the court. It shall not be even a day later to beat the period of limitation.

Day on which the certified copy of the order is excluded and time meter runs from the next date of copy being kept ready.

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