Court Consent decree – appeal after long delay for wrong name of father

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  • #4745

    Rk Varma
    Guest

    Land case 1–In Court-1989 consent decree is passed for land suit. 2–My father is plaintiff and my uncle is defendant. 3–In court – defendant father name is written wrongly(my uncle’s father name written wrongly in vakalth and judgement copy). 4–2009 defendant (my uncle) is died. Defendant sons (my uncle son’s)are there persent. 5–Right now defendant sons can appeal the court decree right now (1989 decree is passed) ??? – based on defendant father name written wrongly (my uncle’s father name written wrongly in court decree and vakalth and judgement copy) . 6– they can do appeal or not??? If yes — why?! If no — why?!
    7–Note — defendant written statement missed somewhere in court record right now (now I went to court,asked certificate copies)

  • #4754

    Appeal against a decree can generally be filed within 90 days or 30 days, depending on the court where the appeal is to be filed.

    In your case, if the decree was passed in 1989, filing an appeal against it now after a gap of about 29 years may be completely barred by limitation. It is generally not possible to explain such long delay.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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