Appeal limit

Querist : Anonymous (Querist) 22 February 2010 This query is : Resolved
Hi

The appeal limit to approach upper court is 30 days from the date of judgment. What if the holidays like summer vacation (whole May month) falls in this 30 days limit period? Or this vacation is excluded from the appeal period?
For ex if the judgment date is 25th Apr after this entire May month vacation comes then what will be the start and end date of appeal limit?

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A V Vishal (Expert) 22 February 2010
S 4 of the limitation act is quite clear about the query posted by you. When the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day when the court reopens.

Guest (Expert) 22 February 2010
agree with mr vishal

B K Raghavendra Rao (Expert) 22 February 2010
In the instant case cited by you, if the judgement date is 25th April, you need to apply for the certified copy of the same on the same or next day. The limitation period starts from the date next to the copy being made available to you. Let us presume, you had applied for copy on 25th April and got the certified copy on 26th April. You are due to appeal on or before 25th May. If the court is closed for vacation upto 24th May, you are required to appeal on 25th May. If the court vacation is upto any day after 25th May, you may submit appeal on that day and a day later.

Srinath Kondapally (Expert) 22 February 2010
Immediae next working day only

Querist : Anonymous (Querist) 22 February 2010
sir, my query was whether this vacation comes in the appeal limit or not? If it includes the vacation, then whatever period we got (30 days) would be taken by that vacation only then if the person appeals after May, will it be effective since already 30 days are passed?

Querist : Anonymous (Querist) 22 February 2010
what is the mistake of the applicant if he gets the copy before the day the court closes for vacation for next 30 days? if the applicant gets the copy on 30th apr and the court closes on 1st May till 30th May, then his limit for applying gets already closed because of court vacation but not by his negligance.

niranjan (Expert) 22 February 2010
Your querry is clearly replied by Mr. Vishal, i.e. ifthe appeal period has expired during vacation,then you have to file appeal on the first day after vacation is over.