high court appeal

Querist : Anonymous (Querist) 29 October 2010 This query is : Resolved
Dear Experts,
I had a case in lower court, I lost it & appealed against it in same court & again lost it u/s15c.All this happened 3mnths 10 days earlier.Can I appeal in high court for the same case & plz tell what's grace peroid, can I use it or what's the procedure.
Any ans will be appreciated.Thamks in advance.

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Devajyoti Barman (Expert) 29 October 2010
Yes, you can prefer the appeal but the Memo of appeal will have to be accompanied by a petition u0s 5 of the Limitations Act where you have to explain the delay in preferring the appeal.

adv. rajeev ( rajoo ) (Expert) 30 October 2010
it is already time barred appeal, while filing an appeal you will have to file an application u/s 5 of the limitation act to condone the delay by explaining the day by day delay in filing an appeal. Delay is not much so it will be condoned.