Cross Appeal

Querist : Anonymous (Querist) 28 December 2010 This query is : Resolved
Suit partly decreed.
Defendant preferred appeal with a delay of 65 days. and the Plaintiff received notice from the Court.

Now the question is, what is the limitation period for filing cross appeal by the plaintiff. from the date of receiving summon or from the date of numbering of the appeal?

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Gulshan Tanwar (Expert) 28 December 2010
From the date of recieving of the summons.

Advocate Bhartesh goyal (Expert) 28 December 2010
For filing appeal, Limitation starts from date of judgement, excluding the period for obtainig certified copy of judgement and not from recieving of the summons.For filing cross objections limitation starts from recieving summons.

Parveen Kr. Aggarwal (Expert) 28 December 2010
Mr. Bhartesh Goyal is correct. In case you want to prefer an appeal, the limitation period will begin to run from the date when the judgment was passed but in case you intend to file cross-objections, you may file the same within one month from the date of receipt of summons.

Devajyoti Barman (Expert) 29 December 2010
Yes it is always from the date of judgement and decree ecluding the time taken to obtan the certified copy.

Querist : Anonymous (Querist) 29 December 2010
i was informed that since it was petition to condone delay, what is the procedure now?

limitation form the date of receiving summons in delay application or date from receiving summons in main appeal?

Parveen Kr. Aggarwal (Expert) 04 January 2011
Whether you have received notice only for the application for condonation of delay or of both, the application and the appeal?

Parveen Kr. Aggarwal (Expert) 04 January 2011
Whether you have received notice of application for condonation of delay only or of both, the application and the main appeal?

Querist : Anonymous (Querist) 05 January 2011
ONLY IN APPLICATION TO CONDONE THE DELAY

Parveen Kr. Aggarwal (Expert) 05 January 2011
Then no appeal is pending for now. Cross-objections can be filed only upon service of notice of appeal. You will have to file your appeal along with application for condonation of delay.
In the alternative, you can wait for the decision of application for condonation of delay filed by the opposite party. In case the application is allowed, you may file cross-objections within one month from then.