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Time limit and appeal authority when civil application dis. (Civil Law)

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This query is : Resolved


Author : NB

Posted On 23 October 2009 at 17:18

Sir,
If a civil appeal which has been dismissed by the court in absence of plaintiff, I would like to know where appeal can be filed and what is the time limit for the same.

thanks in advance for anticipation

NNB




Expert : Sudharsan.m

Posted On 23 October 2009 at 17:48

assuming your civil appeal dismissed in the high court, then you can move to the supreme court within 30 days of the order with leave to move to the supreme court.



Expert : Member (Account Deleted)

Posted On 23 October 2009 at 18:20

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE CIVIL APPEAL DISMISSED BY THE COURT IN THE ABSENCE OF APPELLENT, KINDLY NOTE THAT.

1.YOU MAY KINDLY RIRST FILE A REVIEW PETITION WITH SUPPORTING AFFIDAVIT ,IN THE SAME COURT BY SUBMITING THE REASONS AND DOCUMENTARY EVIDENCE FOR YOUR ABSENCE WITH REASONS FOR DELAY AND DELAY CONDONATION APPLICATION IF REQUIRED.
2.IN CASE DISMISSAL ORDER IS PASSED BY DISTRICT COURT THEN SUCH APPLICATION MAY BE FILED IN DIST COURT. IN CASE IT IS ALLOWED THEN MATTER WILL BE RESTORED ON BOARD.
3.IN CASE IT IS REJECTED THEN YOU MAY FILE LPA/APPEAL IN HIGH COURT WITH SUPPORTING DOCUMENTS AND AFFIDAVIT.
YOU WILL SUCCEED.
IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS OR CALL
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE



Expert : Khaleel Ahmed

Posted On 23 October 2009 at 19:06

File a petition before the same court mentioning the reasons for non appearance. The court will consider your request , and reopen the matter.



Expert : raj kumar makkad

Posted On 23 October 2009 at 20:03

The opinion of Nandkumar is perfect and also I go with the same.



Expert : joyce

Posted On 23 October 2009 at 20:13

you can file a misc petition if it is dismissd for default, but actually on the day it got dismissed, u can file a restoration application.If the final appeal is dismissed then the appeal period is 90 days you can file it in the higher court. there are type of appeals that is first appeal, second appeal, which can be filed in HC.



Expert : Sachin Bhatia

Posted On 23 October 2009 at 20:29

You can file restore application in the same court mentioning the reason for non appearance in the court.



Expert : adv. rajeev ( rajoo )

Posted On 30 October 2009 at 05:03

In the same court you will have to file miscelleneous case to get restore an appeal within 30 days from the date of dissmissal.


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