Order passed by lowercourt can do appeal in district court
Querist :
Anonymous
(Querist) 23 November 2022
This query is : Resolved
Civil case order passed by lowercourt can do appeal in district court in district court in how much days maximum
i heard that 30 days it is time limit
but lower court has passed order in mine favour but mine relative is filing appeal in district court for order passed by lower court 61 days ago approx is beyond 30 days allowed
kavksatyanarayana
(Expert) 23 November 2022
I opine that appeals against a decree or order can be filed in a High Court within ninety days and in any other court in thirty days from the date of the decree or order.
Advocate Bhartesh goyal
(Expert) 23 November 2022
If appeal has been filed beyond limitation period and without petition for condoning delay then you can raise objection in this regard and prey for dismissal of appeal on this ground alone
Dr J C Vashista
(Expert) 24 November 2022
It is not you but your opposite (defendant in the suit) is stated to be aggrieved and considering to move in appeal, why do you worry for limitation, until you have received notice from Appellate Court. However, it is 90 days from the date of judgment/ decree excluding time taken in supply of its certified copy.
However, it would be better to request your counsel to file a caveat so that the Appellate Court may not pass any order favouring the appellant before admission of the appeal.
SHIRISH PAWAR, 7738990900
(Expert) 24 November 2022
Hello,
Yes, you can file a caveat in the higher court against the other party. So if the other party files an appeal court will issue notice before passing any order to you. The limitation for filing the appeal is 90 days. So file a caveat in the higher court.
Pradipta Nath
(Expert) 25 November 2022
What type of civil court it is? Whether it is senior division or junior division? Based on the type you need to file appeal.
Pradipta Nath
(Expert) 25 November 2022
Else it cannot be ascertained as to where to file an appeal!
Dr J C Vashista
(Expert) 25 November 2022
@Anonymous
What is the information available with your against the queries/questions raised by experts, if you are seeking obligation.
Your counsel is the competent and duty bound to satisfy your questions/queries. S/he is well aware about facts and circumstances of the case and able, competent and intelligent enough to satisfy you who have already managed to get judgment in your favour wherein you have hired his/ her professional expertise.
Querist :
Anonymous
(Querist) 25 November 2022
the opposite party is filing revision after say 61 days the court is J.S.C.C (Judge Small Cause Court) but how can district judge accept revision when J.S.C.C has decided in our favour after more than 25 years , yes case was going on from more than 25 years . this person is adding our property which is more than 27 years old to case which is running from more than 25 years old . our property mutation and khatoni in mine name . mine point is J.S.C.C revision time is 30 days i heard that also now mine lawyer supporting opp party and telling me it is 90 days . this is not high court where he can get 90 days
Pradipta Nath
(Expert) 25 November 2022
Statute book is more valid than anyone's information. In case your Advocate is uneasy to carry out your instructions, you can change him. Choice is yours. Aside, in your case limitation is 30 days in reference to Sl. No. 116(b) of the Schedule of the Limitation Act, to be counted from the date of decree or order has been passed.
P. Venu
(Expert) 26 November 2022
In such cases, the appellate court can condone the delay if sufficiently explained. Your counsel can oppose the petition for condonation of delay.
T. Kalaiselvan, Advocate
(Expert) 20 December 2022
The limitation to prefer an appeal before the district court against the judgment of the trial court below is 30 days and the period shall be computed from the date of order copy made ready.
If the appeal has been preferred beyond the limitation period then the appellant shall have to file a petition under section 5 of the limitation act to condone delay in filing this memorandum of appeal .
you will be served with the summons after which you will come to know the exact position.
You can change the lawyer if your current lawyer is not cooperating
Dr J C Vashista
(Expert) 21 December 2022
Well analysed, opined and advised by experts, I agree.
