Order is passed by Assistant Collector first grade on 26/05/2014. Appeal is filed against the said order on 05/08/2014. This case is governed by Haryana Village Common Land Act in appeal to be filed within thirty days from passing of the order. Is appeal is time barred? Is time taken by the registry in giving the copy of order not be counted in thirty days?
Asked 2 years ago in Civil Law from Muzaffarpur, Bihar
If the application for certified copy had filed within 30 days then the time will be counted and appeal may be within time.
Advocate, New Delhi
1) the period of 30 days would be counted from date of receipt of certified copy of order .
2) i presume you applied you applied for certified copy within period of 30 days from passing of order .
3) even if you dont file an appeal within period of 30 days from date of receipt of certified copy you can make application for condonation of delay
4) delay would be condoned on imposition of costs
1. When was the copy of the order obtained? How much time has elapsed from the date on which the copy was obtained till the date on which the appeal is filed?
2. Time taken by the registry in giving the certified copy to the applicant is not to be counted within the time granted under the law to file an appeal. The time is to be counted from the date on which the copy is obtained.
3. Even if you are past the time laid down under the law to file an appeal you can request the court to condone the delay. Since the delay is not too much the court would in all likelihood hear your appeal by condoning the delay subject to the payment of the costs imposed on you.
1. It is a settled position in all appellate matters that the the limitation period runs from the date the certified copy is received.Hence it is important to ensure that the stamp showing the date applied, and date the copy was received/ obtained is clearly visible on the certified copy.
2. Even if there is an actual delay beyond the limitation period you can apply for condonation of delay citing valid reasons to get the appeal admitted condoning the delay.
3. If there is a cost ordered to condone the delay be prepared to pay the same.
1. The date will start to be counted from the date when the certified copy of the order was collected,
2. If the appeal has been filed within 30 days from the date of receiving the certified copy of the order then it will be maintainable.
30 days period counted exempting the period consuming for copy getting ready.