Is it allowed to go for Appeal after 90 days of Judgement in Lower court
5 years ago
Namaskaram,
I have recently won a Permanent injuction case as a defendant. Principal Junior Civil Judge Court passed a Judgement in favour of me on 18-07-2018. But the petetioner in the suit approched additional district court on 26-10-2018 for Appealing.
I recieved notices from court asking to take the representation on the appeal suit filed by the petetioner.
I read through some sources that the appeal should be done within 30 days of judgement. Could it be possible to appeal even after 90 days.
Can the court accept the appeal after 90 days. If yes, on what grounds it must be granted.
Please guide me how to get this appeal suite cancelled legally.
Deepak Yashwantrao Bade
Responded 5 years ago
Limitation runs from the date issuance decree copy. Secondly he has option to file application under section 5 of Limitation Act for condoning the delay if any.
Rajender Prasad
Responded 5 years ago
Vishwabandhu
Responded 5 years ago
If want to know that how the appeal can be cancelled and u can win the case in Appelate Cort send me copy of appeal.
Yes, it is possible.
Section 5 in The Limitation Act, 1963
5 Extension of prescribed period in certain cases. —Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation.— The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.
I have got one case admitted in the Court of District & Sessions Judge ,after 262 days and till the date of admission the accused was languishing in the Circle Jail of the Government .
Most important is the Hon'ble Court has to be convinced what you are saying is correct backed by documentary evidence.
Shanti Ranjan Behera,
Advocate
ARPIT BATRA
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