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Jasmeetsingh (Law Student)     19 January 2011

Limitation for filing Petition to Obtain Fitness Certificate

Sir,


High Court (A.S) Bombay had delivered an order on 22nd November 2010 in Family Court Appeal dismissing the same, Now the Original appellant wishes to appeal to supreme court of India, Therefore in order to file appeal to supreme court of india, appellant has to file a petition to Bombay High Court to obtain fitness certificate to appeal to supreme court of which period of limitation is 60 days from date of order, i.e. last date for filing is 21/ Jan/ 2011.
Appellant had applied for certified copies via register post A.D. on 30/ Nov/ 2010 along with Money order of Rs 100 and this was received by Asst. Regitrar copy section on 03/ 12/ 2010, and in that certified copy application 1) order & 2)Apeeal Memo was asked but there was no reply from concerned court, therefore appellant thought that due to shortage of amount there was no reply from the High court, later on 8/ Jan/ 2011 again new application for certified copy for obtain ony the order dated 22nd Nov 2010 was forwarded along with money order which was received by Asst. Registrar on 13/ Jan/ 2011. And still there was no reply, this constrained me to forward a RTI application after this immediately on 17/ Jan/ 2011 the concerned department of High Court posted the copies of order, I which came to know from there phone call asking to take the RTI Application back. 
Sir, 
Now the limitation expires on 21/ Jan/ 2011 and till today i.e. 19/ Jan/ 2011 Certified Copies are not received and there is no use of going High Court without that copies, and again if applied it would take at least 5 days.

Sir Kindly help me out of this and kindly clarify the point of limitation.

Moreover sir, if the amount Money Order sent along with the application sent on 30/ Nov/ 2010 to the High Court if fall short to issue certified copies, whether was not it duty of concerned officer to intimate appellant, Can I get any relief in computation of limitation from this deliberate act of concerned department.

With regards to get advice at earliest keep the urgency of the matter in mind.



Learning

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