vishakha (In - house Legal Counsel) 05 May 2010

Appeals

Hi,

I have just received copy of an order from an application made in an RAE suit in Small causes court which is not in my favour and I would like to go into Appeal against this Order. The date of Order is 6.4.2010 but I have received the certified copy just today as the Judge had not signed the Order. Now the problem is that I am confused as to the procedure for going into Appeal.

Am I supposed to file an Appeal within 30 days of the date of the Order or within 30 days from the date of receiving certified copy of the Order?

I had applied for certified copy on the same day of Order but received it today. Please help me..

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3 Replies

R.R. KRISHNAA (Legal Manager) 05 May 2010

The limitation will start from the date when the order was made ready. Check the date when the order was made ready and calculate the limitation period.

Best of luck.

Devajyoti Barman (Advocate) 05 May 2010

yes, the time taken from date of application to the date when it got ready for deliery is excluded from the 30 days limit.

Ayush (Advocate) 05 May 2010

You may file the appeal within thirty days of period from the date of the order of the court but the time taken for the preparation of the certified copy will be excluded. There will be two dates on the certified copy, the date of application of the order and the other date when the copy got prepared. Not until you received the delivery. This difference will be deducted from the thirty days period.