Appeal petition in session court
Mayank
(Querist) 17 October 2015
This query is : Resolved
Respected sir,
We file our appeal petition in session court, within limitation period. But due to the some negligence in writing mistake ie. ground, section petition objected by court staff. And during this period 60 days over. and now bhausaheb in court says .....you have to Not Pressed the petition and register new petition on today, and you have to face Limition act 5 and have to take permission from court to allow this appeal.
Is it right ??
pls ans me 1) apeal in the limit 60 day have any relife to us
2) any remedy for this situation
3) alteration in petition can cause limitation act
Abhi hamko ye limitation act face karna padega kya ??
SAINATH DEVALLA
(Expert) 18 October 2015
Time limit for filling an appeal in sessions court is 30 days from the date of the order,and not 60 days.Who told U it was 60 days.?
P. Venu
(Expert) 18 October 2015
Even if there are some defects, the court staff can point them out for curing the same, but they cannot decide the petition. This could only done by the Court. Please verify the Court has passed any order.
SAINATH DEVALLA
(Expert) 18 October 2015
Even the condonation time for delay is over.
V R SHROFF
(Expert) 18 October 2015
Once you filed appeal in-time, that's all.
Any Objections can be ratified, does not dismiss your appeal. Wait for Court Order.
You get opportunity to amend / alter your appeal at any stage, later on.
Must engage good lawyer, and trust him.
Before a year or two, you did not trust your lawyer, in case against you u/e 498A DV etc.
This Appeal must be a result of it.
SO NOW ONWARDS, TRUST A GOOD ADVOCATE, AND LET HIM HANDLE. [ DON'T MAKE MESS BY YOURSELF]
Rajendra K Goyal
(Expert) 18 October 2015
Engage some senior lawyer, trust your lawyer and let him handle the situation.
Agree with the expert V R SHROFF.
Mayank
(Querist) 18 October 2015
Thanks Venu Sir, Sainath Sir, Shroff Sir and
Goyal Sir
Mayank
(Querist) 18 October 2015
thanks for support and guidance
K.S.Srinivas
(Expert) 19 October 2015
Agreed with all the experts advice.
T. Kalaiselvan, Advocate
(Expert) 22 October 2015
You have been properly advised by expert Mr. Shroff, you may follow it.