Apeal in next higher court - validity/ timeframe

Fraud_victim (Querist) 10 April 2011 This query is : Resolved
I have lost a case of marriage annulment in lower court and need to apply in higher court (High Court). Judgement of my case came on 7th march 2011 & my lawyer got the copy of Judgement on 10 March. I am advised by my lawyer that i can apeal in higher court in 60 days period from the delivery of judgement copy, however, another advocate is of the view that my time frame is over as it should have been appealed in 30 days period.
My appeal will be in Chandigarh court.

Please suggest right information on this.

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Devajyoti Barman (Expert) 10 April 2011
The time for appeal is 30 days. However the time taken to get the certified copy is excluded. Still after the scheduled time the appeal can be filed but you have file another application u/s 5 of the Limitation Act for condonation of delay.

Fraud_victim (Querist) 10 April 2011
thank you mr. barman, is it a discretion of court to accept my appeal after 30 days u/s 5 as you mentioned. what are the chances that my appeal may not be accepted? is there any penalty for applying late?

Devajyoti Barman (Expert) 10 April 2011
Yes,it is a discretion of the court but in view of catena of decision of various high courts and the supreme court the court is most liberal to allow such petition for condonation of delay.

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