Clarification regarding commencement of limitation period for appeal


Order in summary suit granting leave to defend but subject to defendant depositing 12.50 lakh in court. Order erroneously mentions amount as Rs. 2.50 lakh.Defendant wishes to appeal.Speaking to the Minutes Order subsequently modifies original order. Does fresh period of 30 days begin to run from date of speaking to the minutes order for the purpose of appeal?


Answers (2)

Yes fresh period is taken into consideration once the speaking to the minutes is done, but at the same time speaking to the minutes should be done within the time frame of the Order which is passed earlier.


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You can move an application under section 151 of Civil Procedure Code for modification of the order. As the error is minor and inadvertent so the change can be incorporated easily. When the order is modified, the limitation will be counted from that day as that will be the final day of order but if your request for modification is declined on any ground then the date of order will be considered.

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