Question

Appeal against a decree or order can be filed in a High Court within

• A. 60 days
• B. 30 days
• C. 90 days
• D. 91 days

Hint:

Memorize the standard limitation periods for appeals under CPC: - Appeal to any court (other than High Court): \textbf{30 days}. - Appeal to High Court: \textbf{90 days}. - Appeal from a High Court decision to the same High Court: \textbf{30 days}.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks for the period of limitation for filing an appeal in a High Court. The time limits for filing suits and appeals are prescribed in the Schedule to the Limitation Act, 1963.
Step 2: Detailed Explanation:
The Schedule to the Limitation Act, 1963, provides different periods for different types of legal actions. For appeals under the Code of Civil Procedure, 1908, the relevant articles are:
- Article 116: This article specifies the period of limitation for an appeal to a High Court from any decree or order. The period prescribed is ninety days from the date of the decree or order. - Article 117: This article specifies the period of limitation for an appeal from a decree or order of a High Court to the same Court (e.g., a Letters Patent Appeal). The period is thirty days. The question is general and asks for the period to file an appeal in a High Court. This typically refers to an appeal from a lower court (like a District Court) to the High Court. Therefore, Article 116 is applicable.
- 30 days is generally the period for appeals to courts other than the High Court.
Step 3: Final Answer:
The period of limitation for filing an appeal from a decree or order of a subordinate court to a High Court is 90 days as per Article 116 of the Limitation Act, 1963. Therefore, option (C) is correct.