What should be done??
kani
(Querist) 16 April 2013
This query is : Resolved
An execution petition has been filed against us following a decree from an original suit which was decreed summarily.
Do we have an option for appeal or set aside for this original suit decree???
Few practitioners say appeals do not lie against summary orders. Is this true?
the date of the decree is 08.08.2012. What is the limitation period for filing an appeal???
ajay sethi
(Expert) 16 April 2013
defendant can go in appeal against orders passed by trial court in summary suit
Raj Kumar Makkad
(Expert) 17 April 2013
The period of appeal was 30 days from the date of passing the judgment plus days incurred in preparation of copy of judgment. Your proposed appeal is beyond limitation.
Filing appeal was the only remedy. Still you can go for it by moving a delay condonation application citing the convincing reasons leading delayed filing of appeal and obtain stay order against execution and meantime file objections against the execution petition so that you may get sufficient time to initiate appeal.
