• Apeal challenging a court order

The court of SDM has passed an order on 30.01.2018. Today i received an DC court notice that opponent party has filed a petition against that order on date 26.03.2018 and it is accepted by court and to attend court and reply on date 17.11.2018.
1. The court accept petition of opponent that has been filed after 56 days of passed order, now how to oppose the court acceptance.
2. should i simply go and give my reply as respondent on date 17.11.2018 or oppose the court acceptance.
3. should i mention the limitation act provided under 1963 and ask court to cancel the petition as respondent or go on replying point by point petitioner points as respondent.
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

8 Answers

You should submit detailed reply

2) also take the plea that there is delay in filing appeal and no condonation of delay application has been filed for condonation of delay

3) delay in filing appeal has to be explained

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1) LIMITATION

The petition of appeal on the basis of the certificate by High Court have to be presented within sixty days from the date of grant of the certificate of fitness. But in computing the period of limitation, time spent in obtaining a copy of the certificate and the order granting the said certificates excluded. Furthermore, if the petition of appeal is delayed, the person filing the appeal may seek condonation of delay from the Supreme Court by explaining the reasons for the delay.

2) One should reply to petitioner point to point wise as a respondent.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Sir you have to contest first the condonation of delay application filed by them, see there is delay of very few days it would be allowed so you have to contest on merits of case though reply on delay has to be filed.

2.Sir you can forst file reply to delay if delay is condoned then after that reply to main appeal can be filed.

3. You have to mention limitation also and para wise reply also need to be give.

Further in case no delay condonation application filed by them you can take same as ground in your reply and can pray before court to reject the appeal on same ground.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

First of all you have to find out an advocate who can plead your case and file counter in case as per the limitations and time barred, then he has to file the reply.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. The appeal has to be contested on merits.

2. If the appeal has been filed beyond the period of limitation then the court will firstly hear the appellant on the point of condonation of delay.

3. Engage a lawyer for the appeal. Seek permission of the court to file your reply to the application for condonation of delay.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You can oppose its acceptance on the ground of limitation. But i think appellant would have submitted condonation of delay.

If such is the case then you will need to answer to the appeal.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

You should engage a lawyer and he will file a reply against the application filed by the opponent. The bar of limitation ahould also be stated and in the light of the limitation period as prescribed....it should eb stated that the application filed by the opponent is not maintainable.

Regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

1. As per amendment, the Court can accept the said appeal after the said 56 days.

2. Submit the well prepares raply after consulting with your lawyer.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer