Calculation of delay in filing appeal

This query is : Resolved 
 


Querist : Anonymous (Querist)
06 June 2021

Suit for declaration that a deed null and void before Munsiff's court decreed on 21.01.2021. copy applied on 29.01.2021 and received on 10.03.2021. Summer Vacation started on 12.04.2021 and ended on 14.05.2021. Including the day of reopening after summer vacation till 09.06.2021 the is lockdown in the state and no court open till 09.06.2021. The sub court is expected to open on 10.06.2021 on which it is planed to file appeal. The question is that how many days delay is there if it is filed on 10.06.2021.? and the method of calculation of delay excluding vacation and lockdown due to covid 19 pandemic ?.


Sankaranarayanan Online (Expert)
06 June 2021

You can get clarity from the appropriate court section office by provided contact number or mail id will be much authentic

T. Kalaiselvan, Advocate Online (Expert)
06 June 2021

The latest orders by supreme court on limitation due to the lockdown situation, the limitation is extended upto 15th July.
Hence there is no delay from your side to prefer the appeal, yo can very well file the appeal on the next day on which the court resumes normal functioning.

SHIRISH PAWAR, 7738990900Online (Expert)
07 June 2021

Hello,

You can take the benefit of lockdown for filing an appeal. Find out whether on 10.03.21 there was any lockdown in your state. If lockdown was declared then you can get the benefit of extension of limitation.

P. Venu Online (Expert)
08 June 2021

Yes, because of the present lockdown and the orders and directions issued by the Supreme Court as well as High Courts, the question of delay does not arise at all.

Dr J C VashistaOnline (Expert)
08 June 2021

Limitation for filing appeal against the judgment/ decree dated 21st Jan 2021 shall be calculated as you have taken 8 days for filing certified copy. After receipt of certified copy you could have filed the appeal within 90 days i.e., on or before 01.06.2021 in normal working days. Summer vacation followed by lock down have already covered the limitation, accordingly if the appeal is filed on first working day on 10th June 2021 there is no delay.

ashok kumar singhOnline (Expert)
09 June 2021

agreed with views of earlier experts, therefore no further comments so far,
thanks.



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