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Ramesh   28 April 2020

judgement pronounced in 2019 may but the judgement copy not yet received

Dear all,

Iam a defendant in a civil case.Judgemrnt pronounced in 29/03/2019 against me.

But the judgement copy issued by the court in 02/03/2020(Due to long leave of typist).what is the time limit to go for appeal in this matter.

Can I go for the appeal after the lockdown.


Thanking you all.


Learning

 7 Replies

Dr J C Vashista (Advocate)     28 April 2020

As the limitation for filing appeal shall be counted from the date of delivery of certified copy of order/ judgment/ decree and date of application after excluding the time taken by the copying agency.

When did you apply for certified copy of order/ judgment / decree stated to have been passed against you on 29.03.2019 irrespective of the time taken by court in typing the same?

Ramesh   28 April 2020

Dear sir,

yes..we had applied for the judgement copies in April 2019 itself

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     28 April 2020

Originally posted by : Ramesh
Judgemrnt pronounced in 29/03/2019 against me. But the judgement copy issued by the court in 02/03/2020(Due to long leave of typist).what is the time limit to go for appeal in this matter. 

 

1. You may prefer appeal within 30 days of the Order  .OR.  receipt of order copy (whichever occurs first).

2. Since it is a Civil Case, you can file Appeal even after lapse of appeal period, by filing "Condonation Delay Application" with proper grounds of justifications.  The judge would use its discretionary authority and consider the merit of such application and permanently allow the delay condonation application, irrespective of the delay time of appeal.  There are scores of HC /SC judgments on this.  Google Search to Find it.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Real Soul.... (LEGAL)     28 April 2020

You can file the appeal with an application for condonation of delay. You need to expain the delay. Mostly courts are lenient in condoning delays so without wasting time file an appeal. Yes the lockdown period is self explainatory for seeking condonation for that time however you need to expain everything in sequence 

sushant sinha   28 April 2020

you can file the appeal within 90 days when you received the C.C. of the judgement

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     29 April 2020

Hon'ble apex Court has extended the limitation expiring during the period of lockdown so immediately file the appeal after this crucial period of lockdown gets over.

Justin Antony   30 April 2020

Dear Ramesh,

you are right. I also got my judgement copy later 2 months as the same reason ( shortage of skilled workers in the court). so you should consult with a advocate and file a condonation delay application....
All the very best...

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