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Arvind K   09 April 2024

Limitation for appeal under 43 rule 1

There is time limit of 90 days for filling written statement after filling a suit.

But what is time limit to file reply to the appel from order under order 43 rule 1?




 8 Replies

T. Kalaiselvan, Advocate (Advocate)     09 April 2024

There's no particular limitation period within which you have to file your reply,  but if the reply is not filed beyond no further adjournment then the court may proceed further closing the opportunity given for filing reply 

Arvind K   09 April 2024

Thank you for the reply. Fact is that out of two respondents one appeared and court gave last chance to file reply. One respondent filed reply and rejoinder was filed. Now when court is going to hear matter finally, second respondent has come after 12 months of serving notice and want further adjournment to file his reply obviously to fill lacuna to support first respondent.

Though no limitation prescribed by law but there must be reasonable time fixed by court to file reply. 

Can court permit second respondent to file reply in such a casual manner? Any ruling of court on this aspect. 

T. Kalaiselvan, Advocate (Advocate)     09 April 2024

There is no ruling to prevent such misuse.

It is the discretion of court.

You can put pressure on court to not to allow the other respondent to be so casual with the court proceedings and to post the matter with NFA in the next time if he still asking time.

1 Like

Arvind K   09 April 2024

Thank you. 

T. Kalaiselvan, Advocate (Advocate)     09 April 2024

You are welcome for your appreciations

Dr. J C Vashista (Advocate )     10 April 2024

No provision to file reply against an appeal.

Generally the appellete court directs parties to file their written arguments. 

1 Like

Arvind K   10 April 2024

Thank you Sir. That was also one of my doubt as to

1.what is the use of reply in appeal? 

2. and even if court allowed the Respondent to file reply then to what extent it will help them?

because before lower court both respondent remained absent. both of them refused the service of application and lower court passed order exparte which is challenged by us. 

T. Kalaiselvan, Advocate (Advocate)     12 April 2024

If the court has allowed the respondent to file a reply to the appeal, there is no legal infirmity in it, let the respondent express his preliminary views about the appeal now penidng before the appellate court.

The court will then take up the matter for final arguments after receiving the reply filed by the respondent

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