Appeals

Querist : Anonymous (Querist) 08 November 2011 This query is : Resolved
to prefer an appeal to higher court what is procedure given.does parties need to intimate court which passed decree or parties straight away can approach higher court.what is procedural formalities.kindly advise me

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prabhakar singh (Expert) 08 November 2011
WHEN ANY JUDGEMENT IS PASSED BY A TRAIL OR

SOURCE COURT ONE HAS TO LOOK IF ANY APPEAL IS

PROVIDED BY THE STATUTE RECOGNIZING THE RIGHT

IF YES THEN WHAT IS THE TIME PRESCRIBED FOR

THE APPEAL?NO PERMISSION IS REQUIRED FROM

THE COURT PASSING THE SOURCE JUDGEMENT AS

SUCH JUDGEMENT IS ALWAYS DEEMED TO BE KEPT

IN ABEYANCE TILL THE TIME PRESCRIBED FOR

APPEAL AND ON FILING APPEAL STAY IS SOUGHT

FROM APPELLATE COURT AND SAME IS FILLED IN

SOURCE COURT WHEN WINNING PARTY WANTS TO

ENFORCE THE JUDGMENT PASSED BY SOURCE

COURT.