Re: Delay of Condonation of Delay in DV
Legal
(Querist) 08 November 2015
This query is : Resolved
I got final judgement order from LD. Trail court to pay maintainance under section 20 in PWDVA case on 28th April 2015. I appealed against the same on 27th May 2015 in the Sessions court under section 29. My opponent appeared thrice in the case and on 26th September filed appeal against me in sessions court after inordinate delay of 150 days stating vague reason that she lost the original copy of judgement which she found on 19th September hence this appeal which I objected but sessions court admitted the same . Now, wat options opened to me ?? Can I appeal in High Court for this time barred appeal without any sufficient cause.? If so under which section? It seems clearly that rather then defending her case she mischievously filed this appeal.
Devajyoti Barman
(Expert) 08 November 2015
Appeal beyond the statutory time of 30 days can be filed if there is enough reason for the same.
2. Unless you could prove that the excuse of loss of certified copy is false, the appeal s gong to be admitted in any way.
3. I find no merit in your revision in high court as while deciding the petition for condonation of delay the court acts with utmost liberal attitude.
V R SHROFF
(Expert) 08 November 2015
u said ur opponent appeared thrice.
so opponent is aware of the order and also have copy delivered by trial court free of cost.
FIGHT FOR YOUR RIGHT.OPPOSE DELAY. USUALLY MTN ORDERS ARE AVAILABLE ON NET, AND HENCE SUCH EXCUSE OF LOST COPY WILL NOT STAND.
ONE CAN APPEAL PENDING PRODUCTION OF CERTIFIED TRUE COPY. ...
SAINATH DEVALLA
(Expert) 09 November 2015
Rightly suggested by he above legal experts
K.S.Srinivas
(Expert) 12 November 2015
Repeated query. Raised already as anonymous author.
