Clarification on calculation of limitation
Raman
(Querist) 05 October 2018
This query is : Resolved
I have the filed the criminal Appeal case in Punjab high court, chandigarh with delay of 30 days, The registry made certain objections, but I could not collect on the same day. I have refiled after 20 days, and now registry has asked me to add 20 days more in delay, so now delay is 50 days, I have been told that in other states, including the supreme court, the registry gives 28 days for correction of defects. Here, now without any time granted for correction of defects, they straightaway added 20 days, since I have already filed the matter in registry with a delay of 30 days. Kindly suggest
Isaac Gabriel
(Expert) 05 October 2018
You ought not have posted it as query.What the registry says is right.
Dr J C Vashista
(Expert) 06 October 2018
As a student did you ask this hypothetical question from your tutor??
yogesh
(Expert) 07 October 2018
Registry, if has added days in you limitation period when you have already filed the matter in the registry. appears to be wrong and incorrect. You have to make an appeal against the order of registry
Adv. Yogesh V Nayyar
(Expert) 22 July 2020
Every High Court has different set of rules.
When you filed the Criminal Appeal and the delay was of 30 days, despite you could not get time to remove objection, you could have got the appeal listed before the Court and mentioned for time to remove objections than filing fresh. Thus, the delay is absolutely rightly calculated i.e. of 50 days.
