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kani (Lawyer)     16 April 2013

Appeal or set aside

An execution petition has been filed against us following a decree from an original suit which was decreed summarily.

Do we have an option for appeal or set aside for this original suit decree???

Few practitioners say appeals do not lie against summary orders. Is this true?

the date of the decree is 08.08.2012. What is the limitation period for filing an appeal???



 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     16 April 2013

In my opinion appeal can be filed against the decree in a summary case. The limitiation is of 30 days. Under special circumstances, the court can set aside the decree and if necessary stay or set aside execution and give the defendant the leave to defend. But if the deft had already put up his defence then, the provision of setting aside of decree by the same court will not be applicable, but only appeal can be filed. However, in any case as the decree was passed way back in 8/8/12 you will have to explain the big delay.

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