Reasonable time to apply certified copy of judgement
pawan kumar
(Querist) 01 August 2012
This query is : Resolved
EXPERTS SAY THAT DEFENDENT CAN FILE APPEAL IN 30 DAYS FROM DATE OF KNOWLEDGE OF ORDERS AND PERIOD TO GET C/C OF JUDGEMENT IS EXCLUDED TO CALCULATE LIMITATION PERIOD FOR APPEAL.IF COURT JUDGEMENT IS DT 3/5/ 2012 WHAT WOULD BE REASONABLE PERIOD TO APPLY C/C AND MAKE APPEAL. IMAY MENTION THAT SUMMONS WERE PROPERLY SERVED AND DEFENDENT APPEARED ALSO AND NOT FILED W/S BUT GOT EXPARTE PROCEEDINGS SETASIDE DURING RUNNING OF CASE.THEREAFTER HE AGIN NOT APPEARED AND MADE COURT TO DECIDE EXPARTE.
Devajyoti Barman
(Expert) 01 August 2012
One can benefit of exclusion of time to obtain certified copy only if it is applied for within 30 days from the date of passing of order.
If it is applied thereafter then no such exclusion of time would be taken into consideration.
Devajyoti Barman
(Expert) 01 August 2012
One can benefit of exclusion of time to obtain certified copy only if it is applied for within 30 days from the date of passing of order.
If it is applied thereafter then no such exclusion of time would be taken into consideration.
prabhakar singh
(Expert) 01 August 2012
IF COURT JUDGEMENT IS DT 3/5/ 2012 he was to apply same day or next day.The provision is not that when to apply for c/c which has to be applied forth with ;rather the provision that when c/c is applied ,suppose same day ,say 03/05/12 and the copy gets prepared on,say 10/05/12 then a grace of 7 days would be added to limitation for the time consumed in preparation of c/c as that is beyond the control of party concerned.
