Appeal to higher court
SIR I HAVE WON A CASE ON 24/8/16 AT DISTRICT COURT APPLIED FOR COPY ON 26.8.16 GOT COPY ON 23.9.16 MY QUESTION IS HOW MUCH TIME OPPONENT HAVE TO APPEAL AT the HIGH COURT? AND WITHIN HOW MANY DAYS I MAY KNOW ABOUT ABOUT APPEAL WHETHER HE HAVE APPROACHED COURT OR NOT?
firstly it is important to know the Hierarchy of Civil Courts:
Civil cases upto the monetary value of three lakhs are filed before the Civil Judges. The Civil cases having monetary value between three lakhs and twenty lakhs are filed before the District Judge or additional district Judge. The Civil cases having monetary value above twenty lakhs are filed directly in the High Court.The Small Cause Courts are established to adjudicate upon small cause matters such as guardianship and custody matters which can be adjudicated in a summary trial that is, without a protracted and extensive civil trial.
The court of Civil Judge, Senior Civil Judge and Additional District Judges on the other hand entertain regular matters requiring proper civil trial following all the rules of evidence and procedures envisaged in the civil procedure code.
From the judgement and decree of the Civil courts of first instance viz. the Civil Judge, Additional District Judge and the High Court in its original jurisdiction appeal may be filed to challenge the said judgement and decree as the Ist appeals before various courts depending upon the subject matter of the case and its monetary value.
The decree/judgement passed by any appellate Civil Court in the first appeal can be challenged by way of a second appeal before the High Court. If the case involves a substantial question of law. The second appeal can be filed even against an exparte decree/judgement of the first appellate court.
The appeal to a High Court from any decree or order has to be filed within 90 days from the date of decree or order, but if a decree or order of any High Court is to be appealed in the same court the period of limitation is 30 days. Equally, the period of limitation for filing appeal to any subordinate court from any order or decree is 30 days. The period of limitation for seeking review of a Judgement is 30 days and for invoking revisionary jurisdiction of the High Court is 90 days.
You will be intimidated by the Higher Court, via a Legal notice, which your opponent will send you.
He has to file appeal within 90 days from the date of decree or order. you can lodge a Caveat petition before the High Court. In case if he preferred an appeal then the court will serve the notice to you. In such a case without hearing your objection or argument court will not grant any stay or order.
Sir, assuming that the order was passed by the District Court on the date provided as the date of winning the case, an appeal can be sought by the aggrieved party as per conditions provided under the Limitation Act, 1963. The period granted for filing an appeal before the High Court differs depending on the nature of the case.
In case of appeal from an order of acquittal under sub-section (1) or sub-section (2) of section 417 of the Code of Criminal Procedure, 1898, the period within which the appeal is to be filed is, 90 days from the date of the order. However, in case of appeal from an order of acquittal under sub-section (3) of section 417 of the Code of Criminal Procedure, 1898 the limitation is thirty days from the date of grant of Special leave.
In case of an appeal falling within the purview of the Code of Civil Procedure, the limitation of filing an appeal before the High court is a period of 90 days from the date of order. Further, in case an appeal is filed by the Respondents, you will be served with a notice accompanied by the petition filed for appeal.
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