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Appeal to HC after time limit under S5 of limitation act has expired


28-Mar-2023 (In Divorce Law)
Sir, In a divorce case , order come against divorce by family court. Plaintiff appealed in high court against order of family court after one year and 100 days under section 5 of limitation act 1963 Appeal goes to defective . Further first appeal is accept with the notice sent to respondent for hearing to decision on restoration. Sir I want to know is it possible to open case in high court If possible ,what is final time limit of permanent order . Remedies to respondent for dismissing the case. (Hidu marriage act)
Answers (1)

Answer #1
917 votes
According to the section 5 of the Limitation Act, 1963 though the period has been expired although you can apply for reopening of the case alongwith a affidavit mentioning the condonation of delay with proper reason as to why you were not able to apply in the prescribed time.

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