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Suit Procedure


Limitation

  • For every appeal, there is a limited period, within which appeal should be filed. Such a limitation is provided under the Limitation Act, 1963.

  • For appeal, in case of a decree passed by lower court in civil suit, the limitation is :

  • Appeal to High Court - 90 days from the date of decree Or order.

  • Appeal to any other court - 30 days from the date of Decree or order.

  • In case there are more than one plaintiffs or defendants, then any one of them can file on appeal against all of them respectively.

  • Merely because an appeal is filed, does not mean that the order or decree of lower court is stayed. In case of temporary stay of decree or order, it has to be specifically asked, and stay will operate only if court grants it.

  • In case of execution of decree, the court, which passed the decree, can itself stay the execution for time being on sufficient reasons shown.

  • The court may require the appellant to deposit some sort of security.

  • The appellate court may, on the day fixed for hearing the appellant dismiss the appeal, or issue notice to the opposite party to appear on next day.

  • If on the first day of hearing, appellate court issues summons to the opposite party, then :

  • It shall fix a date for next hearing, and such date shall be published in the court house.

  • Notice shall also be sent to the lower court, whose decree or order has been appealed.

  • To appellant is required to file " Process Fee " which is very nominal in amount, and on such filing, the notice shall also be sent to opposite party.

  • In case of appeal, the one who files the appeal is known as appellant, and against whom it is filed, is known as "Respondent".



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