sandeep (pvt service) 11 October 2015

What is the time frame to file appeal in civil cases

hi.....i want to know what is the time frame to appeal against a lost divorce case or a lost RCR case in the trail court?

and most importantly. since when does the countdown start...since the date of order or from the date of acquiring the copy of the certified order from the trail court..

there are many confusions in the forum regarding start of the time, some are of the view that the countdown starts from date of order, and some say that it starts when the loosing party takes a certified copy from the trial court....

if it is from the date of certified copy obtained, then if suppose if a person takes a certified copy after 7 months or a year and then appeals. then is it allowed to so? can a person take a certified copy on his own free will whenever he wants to and then go for an appeal?

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5 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 12 October 2015

Limitation for filing an appeal is 30 days in the lower courts nad 90 days in the high court from the date of the order.

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fighting back (exec) 13 October 2015

the time frame starts from procuring the certified copies from the court, however there is confusion in the forum regarding the actual time frame. i have been through various threads in this forum.....if a person procures a copy of the certified judgement after 2 years, then does his period of 90 days start from that date?

request the experts to please elaborate on this point.

Adv k . mahesh (advocate) 13 October 2015

for appeal the limitation starts from the date of order and not from the date of receiving the order copy

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prabhakar advocate (advocate) 13 October 2015

The limitation period is 90 days. The clock ticks from the date of the decree. If certified copy is applied within 90 days, the days taken from the application till you obtain copy will be excluded from the limitation period. If anyone applies for certified copy after limitation period of 90 days, the time takes for obtaining certified copy will not be excluded.

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fighting back (exec) 13 October 2015

thank you adv mahesh and mr prabhakar.......so if any person say appeals after a year of the decree, and obtaining a copy just a few weeks before filing the appeal can we argue for the dismissal of the case on grounds of limitation? especially civil cases like RCR and divorce.? and are there any relevant judgements which have dismissed such appeals...if there are any, in your knowledge, then request you to please share.

appreciate your help and advises.....