Filing of appeal in national commission

Querist : Anonymous (Querist) 11 August 2011 This query is : Resolved
Sir,

As per Shri.Ajay Sethi's remark, appeal before national commission has to be filed within 30 days of the order passed by state commission. But I came to know from some other sources that after receiving the certified judgement copy, then only 30 days. Is it true or not.

Thanks and regards

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ajay sethi (Expert) 11 August 2011
Appeals.- any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 17 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed:

Provided that the National Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.

An appeal may be entertained after the expiry of the said period of 30 days if the appellant shows that there was sufficient cause for the delay in the filing of he appeal. In such cases, an application for the condonation of delay must be made along with the appeal and supported by an affidavit setting out adequate reasons for the delay and accompanied by necessary evidence

Raj Kumar Makkad (Expert) 11 August 2011
practically 30 days are counted from the date of preparation of copy of judgment under appeal.

prabhakar singh (Expert) 12 August 2011
what do you want to say that unless a party applies for copy ,limitation will not run????

you have wrongly heard from other sources. limitation starts to run right from the day the judgement is pronounced,it is the time taken by court in preparation of a copy applied is discounted.

TO illustrate,suppose,the judgement was pronounced on 12 July 11,then 30 days would be counted up to 11 August11.Suppose copy was applied on 01 August11.Notice of copy ready on board on 05August11.copy practically received on 09 August11.
Now see how limitation is moving on.20 days already passed,10 days left on date copy was applied for in which 04 more days would add up which is the time consumed by court in preparation of copy ,so limitation enhanced up to 15 August 11 but same being holiday,an appeal shall be well with in time if filled on 16th August11.BUT ON 17 th AUGUST11 IT WOULD BE BARRED BY 01 DAY.