• Opponent has not obtained order copy after 4 months

Hello Sir,
We have won Partition cum title suit in lower court and obtained the order copy. But the plaintiff has not yet applied and received the order copy. Since there is no time limit for getting the judgement can he file an appeal in 90 days after getting the copy. 4 months already passed after the judgement and decree.
Thanks
Asked 4 years ago in Civil Law

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12 Answers

Appeal of plaintiff would be barred by limitation

2) application fir condonation of delay can be made

3) court may condone delay subject to payment of costs

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Apellant has to me out a case for condonation of delay

2) explain why appeal could not be filed

3) court may in interest of justice condone delay .

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

If he takes the order copy there will be no difference , and if you have the possession of the property you need nothing u may enjoy the property and get it mutated in your name

As there will be no bar of appeal while mutating your name

However he can bring an appeal with an application of section 5 limitation act

And if you dont have the possession then go for execution decree in the same court

Court will itself execute his order in execution proceedings

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

It's still open for him to apply for the soft copy.

He may come in appeal once he obtains certified. However, together with the appeal, he'll have to move a delay condonation application as well justifying the delay in approaching the Appellate Court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Sir,

He may file an appeal along with an application for condonation of delay under Section of 5 of Limitation Act. In the meanwhile you may file Caveat in appellate Court so that no ex-parte injunction is granted in his favor and you will get intimation instantly about filing of appeal.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Client,

If the opposite party do not apply for certify, dosen`t mean the limitation will not start.

if u have informed the party about the order from that date also limitation will state. U can also the notice to opposite party that the order is delivered by the court on this date and u have also been informed by us about the order on this date. Annex copy of order.

It is duty of party to apply for court order copy, fail to do other party not liable. Highest waiver of limitation, party will get of 15 days.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

Yes he can file an appeal after the duration of 90 days also

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

By giving reasonable reason, he can get the delay condoned.

If you have won the partition suit and he has not preferred an appeal then you may file for the execution of the decree and start enjoying the benefit out of the said order.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

He needs to apply the same asap. 90 days time is the maximum time permissible for the same. He needs to file within the same only the time spend for application of certified copy will be deducted from that 90 days period.

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

If the plaintiff did not obtain the order copy what is your concern.

It is thirty days time limit from the date of obtaining the judgment copy to prefer an appeal.

If the plaintiff did not apply for certified copies of the judgment and order, then that cannot be claimed as an excuse or reason for the delay and the court will condone the delay in filing an appeal ion this ground.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Thanks for the reply but how much delay is permissible ?

The appellant has to prefer and file the appeal within the time period, after that he has to first get the delay condoned by filing a petition under article 5 of limitation act seeking to condone the delay in preferring the appeal with some valid reasons.

This can be any amount of time of delay

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Now file a suit for final decree with the preliminary decree for getting physical partition

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

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