First appeal
Rajan
(Querist) 08 April 2013
This query is : Resolved
Dear Sirs,
Judgement of dismissal of petition pronounced on 06.04.2013 (saturday)
applied for copies of jugement and decree to prefer appeal on 08.04.2013 (monday)
was informed that judgement and decree shall be ready only by 22.04.2013
High court vacation starts from 1.5.2013
sir kindly advice if my calcaultion is correct for first appeal.
22.04.2013 + 30 days = 22.05.2013
since 22.05.2013 is official court holidays, can I file my first appeal on the first day of the reopening of the court on 03.06.2013
OR
should i file the first appeal during the vacation in vacation court before 22.05.2013 prior to completion of 30 days period
Is it mandtory that the first appeal should have the judgement and the decree enclosed
Devajyoti Barman
(Expert) 08 April 2013
Yes, you can file appeal on the fIrst day of reopening. IN ANY CASE THE TIME TAKEN TO GET CERTIFIED COPY WOULD BE ADDED WITH THE 30 DAYS TIME.
Raj Kumar Makkad
(Expert) 08 April 2013
The time told for getting the certified copy of the judgment is highly abnormal. You should again enquire it. The period of 30 days shall be counted from the day of preparation of the certified copy of judgment and decree sheet and it shall be reduced by 2 days i.e. 06.04.2013 and 07.04.2013 though on 07.04.2013, it was holiday.
prabhakar singh
(Expert) 08 April 2013
Mr.Makkad is right.
The day it is notified as 'copy ready for delivery' is the cut off date not the date one collects the copy.
