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Samir N (General Queries) (Business)     29 December 2017

Time to appeal order from application to dismiss suit

What is the time to appeal an Order denying dismissal of suit?

What is the time to appeal an Order denying dismissal based upon lack of jurisdiction?

Suit is pending in District Court in Delhi.

 



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 5 Replies

Advocate Bhartesh goyal (advocate)     29 December 2017

you have to file revision u/s 115 of cpc. before H.C, against the order passed by rejecting application u/o. 7 R 11 of cpc and limitation to file revision is 90 days.
1 Like

Samir N (General Queries) (Business)     29 December 2017

Thank you sir. I made a mistake in my query. The case is pending in the trial Court which is below the District Court. I do not know what that Court is specifically called.  I presume the same time limit applies?  How strict are they if the appellant is off by a week or so? Can the delay be condoned?

Samir N (General Queries) (Business)     29 December 2017

Also, when is the precise date when the clock starts ticking? The date of the Order? The date the appellant receives a certified copy? When?

Advocate Bhartesh goyal (advocate)     29 December 2017

Revision u/s 115 of Cpc lies before H.C.Limitation will start from date of order but you will get the Period ( days ] for obtaining certified copy of order also?
1 Like

Samir N (General Queries) (Business)     29 December 2017

THANK YOU! What exactly does this mean from the section referred to by you.

"Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings."

Also, it appears that the suit will be disposed of shortly before the appeal is filed.  Will that have any impact on the revision regarding jurisdiction. 


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