Appeal after limitation

David (Querist) 13 January 2016 This query is : Resolved
Dear Councels

I got divorce from my wife on 28/07/15 on merit and its past more than 140 days. It took 30 days for me to get the order copy. I believe it would have taken same time for my ex wife to get the order copy.
I saw in High court online case status to see is she filed any appeal. She have filed an appeal and case update date shows as. 11/01/16. So if she has to appeal within the 90 days from judgement excluding the time for getting order copy, it may come to 120 days wich was past on 28/11/15. I have not received notice yet. Please advise will this appeal can be dismissed based on limitation act.
Thanks in advance.

David

Follow Query

Report Abuse

P. Venu

(Expert) 13 January 2016
The delay, if any, is condonable if sufficient cause is shown. Any how, you may oppose the application for condonation.

Devajyoti Barman (Expert) 14 January 2016
The time of getting certified copy would be excluded.
Anyway appeal can be preferred even after limitation if the delayed is explained . The court quite liberally allows delay condonation petition.
So concentration on merit of appeal than anything else.

Rajendra K Goyal (Expert) 14 January 2016
Well advised, agree with the expert Devajyoti Barman.

David (Querist) 17 January 2016
Thanks a lot. I appreciate your timely advices dear councels

T. Kalaiselvan, Advocate (Expert) 17 January 2016
You will come to know about the delay only when you receive the summons and appear in the case for properly ascertaining the delay in filing an appeal against the lower court judgement, so wait for the summons to confirm it properly.