Article 116: [Arts. 152 and 156 of the Act of 1908]:
(a) The period of limitation for an appeal under the Code of Civil Procedure, 1908 to a High Court from any decree or order is ninety days and the limitation commences from the date of the decree or order.
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ADVERTISEMENTS:
(b) The period of limitation for an appeal under the Code of Civil Procedure, 1908 to any other Court from any decree or order is thirty days and the limitation commence from the date of the decree or order.
The Art. 116(a) of the Limitation Act, 1963 governs all appeals under the Code of Civil Procedure to High Court except those appeals to the High Court from the same Court i.e. appeal from Single Bench to Division Bench of High Court.
High Court has not been defined in the Limitation Act, 1963. So the General Clauses Act will apply. Under clause (24) of Section 3 of -the General Clauses Act, 1897, “High Court used with reference to civil proceedings shall mean the highest Civil Court of appeal (not including the Supreme Court) in any part of India in which the Act or Regulation containing the expression operates.” So, High Court means the highest civil court of appeal in a State.
Article 116(b) governs appeals under the Civil Procedure Code to any other court (except High Court). An appeal to District Judge attracts the clause (b) of Art. 116 of the Limitation Act, 1963. The starting point of limitation under clause (b) of Art. 116 is the date of the decree or order and the limitation period is 30 days. The time required for obtaining the copy of the decree or order appealed from is to be excluded in terms of Section 12(2) of the Limitation Act, 1963.
