Time barred appeal- can a third party file appeal even after delay of 30 days without condonation
megalaw
(Querist) 26 October 2012
This query is : Resolved
Sir, in my case a third party which was neither the plaintiff, nor the defendant filed a First appeal (under Section 96 CPC) admittedly after 30 days of passing of the decree. The third party in order to get over the 30 days limitation to file appeal as prescribed under Article 116 of the Limitation Act, merely relied on a case law of the Allahabad High Court in AIR 1981 Allahabad page 344 and the learned Court held the appeal to be within time while Article 116 provides for an appeal to be presented within 30 days and there are no exceptions. Is the order of the Court legal??
Devajyoti Barman
(Expert) 26 October 2012
Appeal can always be filed beyond the time limit if the delay is properly explained/
Section 5 of the Limitation Act makes it quite clear.
R.K Nanda
(Expert) 26 October 2012
third party can neither file appeal within 30 days nor after 30 days.
megalaw
(Querist) 09 November 2012
I would like to ask Mr. Devajyoti that the Judge held the appeal to be within time so there was no condonation of delay. The learned Court noticed that in AIR 1981 Allahabad page 344 it has been held that a third party aggrieved from a order may file an appeal even after thirty days "from the date of knowledge", while Section 116 of the Limitation Act says that appeal would be filed within 30 days from date of decree and not date of knowledge.
