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Civil Case Appeal Time Limit For Family Property


01-Nov-2023 (In Civil Law)
I had filled partition case in session court which got dismissed in 2018. Is it possible to file appeal now in 2023 in high court??? Family property for partition.
Answers (5)

Answer #1
568 votes
Sir, in order to do so, we have to file a condonation of delay application with cogent reasons of not filing the appeal in time. You may call me to discuss the same so that we can find a way around to file our appeal now. If the reasons are going genuine the court may allow your application. You may consult me in this regard.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

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Answer #2
908 votes
The statutory period of Appeal stands over. A strong reason is needed to condone the delay. Or a fresh cause of action for instance, stating that parties were were exploring settlements outside the court, a continuing cause of action existed. Other reasons for Condonation of Delay can occur based on facts and circumstances of your case. If you do intend to file it, be proactive as each day delay would go against you.
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Advocate Kunal Sinha

Adv. Kunal Sinha

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Answer #3
815 votes
Greetings, Dismissal perse does not bar further remedy. However the facts shall be read in whole. If you wish to revive your right, you must share the complete facts along with documents. Kindly reach directly for the same. Regards
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Advocate Shashwat Tibrewal

Adv. Shashwat Tibrewal

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Answer #4
854 votes
The appeal is to be done within 180 days from the date of decision of the court...So it has been too long to file an appeal...you can though file for the revision in the same court from where the suit was dismissed. it is humbly submitted that take advice of a knowledgeable person in this regard
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Answer #5
570 votes
Delay in filing appeal is condonable but it should be based on genuine ground. It would have to be ascertained as to what were your compelling reasons to not file Appeal for 5 years. The merits of main appeal would also play a significant role in deciding if Appeal should be entertained.
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Advocate Rahul Kukreja

Adv. Rahul Kukreja

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