What is the time limit to file an appeal or writ?
Amandeep Singh
(Querist) 14 February 2010
This query is : Resolved
What is the time limit to file an appeal or writ in the high court against district court's dismissal of petition for time extension relating to a civil suit? What is the basic diff between writ & appeal? Pls answer
Devajyoti Barman
(Expert) 14 February 2010
Against the order passed by the civil court , then better remedy is to file Revisional application u/a 227 of the Constitution before the High Court than a writ U/A 226.
For such Revisional Application there is no prescribed time limit but definitely it should be within reasonable time.
Parveen Kr. Aggarwal
(Expert) 14 February 2010
Remedy of writ is provided in the Constitution of India whereas remedy of appeal is provided under the relevant statute whereunder litigation is initiated.
There is no specific time period prescribed as limitation period for filing a Writ Petition whereas for all kinds of appeals, statutes prescibes limitation period.
You have stated that petition for time extension relating to a civil suit has been dismissed. What can be understood is that in an appeal, the District Judge has dismissed an application for condonation of delay in filing appeal. If this is so, then the consequence of such dismissal is the dismissal of first appeal. For filing a Second Appeal before the High Court, limitation period is 90 days.
Swami Sadashiva Brahmendra Sar
(Expert) 14 February 2010
Appeal is statutory remedy , writ is a constitutional remedy. limitation for appeal is provided in the relevant statute itself. where no limitation is provided in the relevant statute, it is governed by the Limitation Act. where neither special statute nor the schedule of Limitation Act provides any limitation for a particular matter, then limitation is 90 days according to Limitation Act.
The constitution does no provide any limitation for petition under Art. 226 or 227. Therefore, in general, rule of 90 days limitation is applied for filing writ petitions. However this rule is construed liberally by the high Courts .
Raj Kumar Makkad
(Expert) 15 February 2010
I do agree with my learned expert friends.
