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roy (analyst)     12 March 2010

Limitation to appeal on Higher court

Dear All,

The district family court has judged an ex parte divorce for me. Along with the divorce petetion, my wife had also filed a compensation petetion. In that she added my father as second party. This petetion has been judged as partially exparty as my father defended the case.
 

He want to go for an appeal in the higher court. what is the time limitation allowded for this ? Is a copy of the judgement is required to file an appeal.?


I heard from my father that , he will have the copy of the judgement after one month of the judgement(even if he filed an urgent petetion) .Kindly help me on this
 



Learning

 11 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     13 March 2010

30 days for appeal and 90 days for revision.however start at earliest.

adv. rajeev ( rajoo ) (practicing advocate)     13 March 2010

30 days from the date of order.

Adinath@Avinash Patil (advocate)     13 March 2010

30AYS FROM DATE OF ORDER.

roy (analyst)     13 March 2010

Gurus, Thanks a lot for the prompt replies. Is a copy of the judgement is required to file an appeal ?

I heard that my father will get a copy of the judgement only after one month of judgement( he even filed an urgent petetion). How to tackle this situation. Help me please

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     13 March 2010

without the judgement order you can not appeal or go to revision. the judgement order will be the base of appeal against which you will file an appeal.. the date on which the court will give you the judgement order, your time will count from that time but you must pray for 'certified copy of the judgement',- immediately ,otherwise your time will be lapsed.

roy (analyst)     13 March 2010

Dear Arup  and all ,

Thanks a lot for the prompt reply. The judgement came on feb02, 2010. My father had applied for a certifled

copy on feb05. He even filed an urgent petetion on for the certifiled copy of the judgement on mar 02,2010.

but till now he didnt got the copy of the judgement .  Deos it means that he cant file an appeal ?

And kindly advise me what is the difference between an appeal and a revision ?

niranjan (civil practice)     14 March 2010

The period for getting certified copy will be deducted from counting one month. For getting urgent copy you may ask for giving it by appointing court commissioner.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     14 March 2010

the delay by court will be excaused. but you applied after 30 days. under this circumstancess,  cause delay to be explained. catch a senior lawyer and before handing over the case get confirmed  by your lawyer whether the delay will be excaused or not by the court.

for revision - 90 days time allowed therefore no delay in your case.

appeal means the whole case is before the appealing court as it was at trial court but revision means your points of objection will only be seen by the appeallate court.. read the concerned sec of cpc.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     14 March 2010

please read the following from the code of civil procedure.

part vii appeals appeals from original degrees section 96 to 99a, - appeal etc.

part viii refference review and revission sec 115  Revision.

girishankar (manager)     20 March 2010

Thank U Arup Ji


(Guest)

With respect;

1. Ask for "file inspection". Write down the order by hand and get it TRUE TYPED as per Rules of particular State Hon'ble HC (means space/margins etc.). Affix Court Stamp fees on this True Typed Order. Enclose the same with Revision if applying to HC and under Prayer humble prayer should be to "call for TCR".
2. Attach with revision before Hon'ble HC one application as "Application for Correctness of Annexures supported with a Oath Affidavit"
3. As rightly pointed by Sh. Arup ji in one of his subsiquent reply mail apply for revision asap with above. Your revision matter will be "allowed at registrey level" at the time of  "admission before Hon'ble HC" and rest is how your Ld. Counsel pleads on date of hearing.

I may be subject to corrections by seniors here on above method which I myself applied to practice and succedded but it was before Hon'ble HC at Delhi. I am not sure the gentlemen's location so above suggestion may or may not be same subject to checkign with local "Rules of Hon'ble HC".
All the best.
Rgds


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