Filing appeal immediately after review petition .. limitation period query
Damayanti
(Querist) 19 March 2014
This query is : Resolved
I have intention to go in appeal against order passed by Family Court.
I filed review within 7 days precisely.
Within 30 days of limitation I want to file appeal as well against the same order sought to be reviewed (O47).
1. Is there any bar to file appeal?
And MOST IMPORTANTLY,
2. if I wait for review to get decided first (which may take around 4 months normally) and then go in appeal would this intermediate period of 4 months get tolled/deducted from the limitation period of 30 days?
My query is about tolling of imitation period bcos of filing of review.
Otherwise I have to file appeal in next 9 days!!!!! (30 days limitation would be over by that day!!!)
Hence it is urgent.
Please advise me on above.
Devajyoti Barman
(Expert) 20 March 2014
You can not file both Review and prefer appeal against the dame order.
Since you have filed review you have to wait till its decision is passe.
Your appeal would be considered from the order passed in Review application, not from the original decision. hence limitation would start from order passed in Review application.
Thyagarajan
(Expert) 20 March 2014
Before you filed your review petition you should have come to us.
Now what Expert Mr. Devaijothi seems to be right way further
Biswanath Roy
(Expert) 20 March 2014
Better you withdraw review petition and file an APPEAL INSTEAD. Because in appeal you will get enough scope to agitate the order of the Family Court whereas in Review the court will only examine its order whether or not there is any mistake apparent on record that made the order defective and wrong.
Dr J C Vashista
(Expert) 21 March 2014
File appeal, if still within limitation, after withdrawal of review (which generally fails)
T. Kalaiselvan, Advocate
(Expert) 23 March 2014
experts have given proper opinions and suggestions about what is to be done next, I agree with it, you may follow it.
