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Can i file the appeal in high court after limitation period

(Querist) 28 February 2017 This query is : Resolved 
I filed a criminal case u/s 498a 304b 34 of ipc against my jijaji but i lost and they have been acquitted on the grounds of general and vague allegations on 7/9/2016. Now after almost 154 days my jijaji have filed a suit for damages and sent notice to me and my other 5 relatives including my mother on 8/2/2017. Now i m trying to appeal in higher court to make a stay on the suit of damages. is this possible now..? does the appeal get admitted in higher court after the limitation period...? please help me find the solution to get the rid of the damages suit..
Advocate Bhartesh goyal (Expert) 28 February 2017
Yes you have to file appeal along with the application u/s 5 o f Limitation Act.
rajeev sharma (Expert) 28 February 2017
no now you may not file an appeal automatically. First you will have to request the court to codon the delay by giving sufficient reason of delay
Guest (Expert) 28 February 2017
A Practical Good Advise by Expert/Advocate Mr.Rajeev Sharma
Sri Vijayan.A (Expert) 28 February 2017
Can you prove the allegations made by you?

Can you justify the delay to file the appeal? (delay till the respondent to file for damages)

If 'yes'is the answer for both the questions, try to get it condoned and then file the appeal.

Otherwise face the suit for damages.
Ms.Usha Kapoor (Expert) 01 March 2017
If there is reasonable delay, you can file an appeal in Highcourt by filing condone delay petition.
Adv. Yogen Kakade (Expert) 01 March 2017
I agree with mr. goyal
rajeev sharma (Expert) 01 March 2017
thanks Mr Narasimha
Ms.Usha Kapoor (Expert) 18 June 2018
























I agree with experts.


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