Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ravi rupa   06 January 2020

waiting period to file fdp

What is waiting period to file FDP case after getting of preliminary decree









I


Learning

 3 Replies

Raksha Joshi   06 January 2020

In the absence of any objection to the preliminary decree or after the lapse of time for appeal the preliminary decree takes the shape of final decree.

There is a limited period in which this appeal should be filed. These limitations are provided under the Limitation Act 1963. For appeal, in case of a decree passed by lower court in civil suit, the limitation is -

Appeal to High Court - 90 days from the date of decree Or order.

Appeal to any other court - 30 days from the date of Decree or order.

1 Like

Raksha Joshi   06 January 2020

Hello Ravi,

To understand Priliminary Decree and FDP you first need to understand what a decree is. 

Decree” means the formal expression of an adjudication which, so far as regards the Courts expressing it conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final.

A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final.

In the absence of any objection to the preliminary decree or after the lapse of time for appeal the preliminary decree takes the shape of final decree.

FDP or final decree proceedings are of two types -

1. When the time for appeal has expired without appeal being filed or the matter has been decided by a decree of the highest Court.

2. When the decree, so far as regards the Court passing it, completely disposes of the suit.

There is a limited period in which this appeal should be filed. These limitations are provided under the Limitation Act 1963. For appeal, in case of a decree passed by lower court in civil suit, the limitation is -

Appeal to High Court - 90 days from the date of decree Or order.

Appeal to any other court - 30 days from the date of Decree or order.

1 Like

Shashi Dhara   07 January 2020

For mortgage decree to file FDP limitation is 6months+3years for partition it is three years .if opponent appeals then after appeal is disposed limitation from disposed day it starts.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register