Limitation time of first appeal after disposal of review petition and which impugned order to challe
Raman
(Querist) 25 April 2017
This query is : Resolved
Sir,
My civil suit decree was dismissed on 10 March 2017 by ADJ court and review petition dismissed on 21 April 2017.
Now my first Appeal ( FAO) before High Court is maintainable on which order 10 march 2017 or 21 April 2017?
Do I need to challenge Both orders in FAO?
And my Limitation for filing FAO starts from 10 March 2017 or from April 2017?
P. Venu
(Expert) 25 April 2017
The appeal should, necessarily, be against the judgment and decree. The period of limitation runs from the date of judgment. But periods in obtaining the certified copy and the pursuing the review application could be excluded.
Anyhow, delay in filing appeal is generally condoned if sufficient cause is shown.
Rajendra K Goyal
(Expert) 25 April 2017
Show full case file to your lawyer and discuss in detail.
Dr J C Vashista
(Expert) 26 April 2017
You are to challenge the judgment/order dated 10th March 2017.
Take benefit of order dated 21 April 2017 (dismissal of review petition) only for the purpose of limitation, nothing more.