How to File an Appeal in the High Court.

An appeal is not a fresh trial but a request to review and correct errors of law or fact. Filing it correctly is crucial because any mistake in procedure can lead to dismissal.

Step-by-Step Process

1. Identify Appealable Order or Judgment
   Appeals lie against decrees, final orders, or sometimes interlocutory orders.
   Common examples: civil decrees from District Courts, criminal convictions, or writ petitions.
2. Check Time Limit
   Civil appeal: generally 90 days from the decree/order.
   Criminal appeal: usually 30–60 days, depending on case type.
   Delay can be condoned if justified with an application.
3. Draft Appeal Memorandum
   Prepared by an advocate.
   Must state:
   • Particulars of the judgement challenged.
   • Grounds of appeal.
   • Relief sought.
4. Attach Supporting Documents
   • Certified copy of judgement/order.
   • Copies of pleadings and evidence (if required).
   • Court fee as prescribed.
   • Vakalatnama (if an advocate is appointed).
5. File in High Court Registry
   Papers are checked for compliance.
   Defects, if any, must be rectified before listing.
6. Admission Hearing
   Court decides if appeal is maintainable.
   May issue notice to the opposite party.
7. Final Hearing
   Both sides argue.
   The High Court may confirm, reverse, modify, or remand the case.

Practical Tips

• Always file within the limitation.
• Draft grounds precisely—avoid irrelevant facts.
• Ensure documents are legible and properly attested.
• Hire an advocate experienced in High Court practice.

Frequently Asked Questions (FAQs)

Q1. What is the difference between an appeal and a revision?

Appeal is a right to re-examine the whole case. Revision is limited to correcting jurisdictional or legal errors.

Q2. Do I need an advocate to file an appeal?

Yes, except in rare cases where parties represent themselves.

Q3. What is the limitation period for filing?

Generally 30–90 days, depending on case type.

Q4. Can delay be excused?

Yes, if you file a delay condonation application with valid reasons.

Q5. Is a court fee required?

Yes, it varies with case value and High Court rules.

Q6. What if the High Court dismisses my appeal?

You may approach the Supreme Court, subject to conditions.

Q7. Can interim relief be sought during an appeal?

Yes, e.g., stay of execution of decree or sentence suspension.

Q8. Is a certified copy of the judgement mandatory?

Yes, it must be annexed with the appeal.

Q9. How long does the High Court take to decide an appeal?

There is no fixed time. It can take months to years depending on the backlog.

Q10. Can new evidence be produced in an appeal?

Generally no, unless special grounds exist under procedural law.

Q11. Can an appeal be filed against an acquittal in criminal cases?

Yes, by the State or, in some cases, by the complainant with court permission.

Q12. Can an appeal be filed against interim orders?

Only if the statute permits. Otherwise, writ petitions or revisions may be used.

Q13. Can an appeal be withdrawn?

Yes, with the court's permission.

Q14. What is a Letters Patent Appeal (LPA)?

It is an intra-court appeal in some High Courts, from a single judge's order to a division bench.

Q15. Is personal presence of the appellant required?

No, 'advocate' usually appears. But presence may be required in criminal appeals.

Q16. Can an appeal be filed online?

Some High Courts provide e-filing portals. Physical filing is also common.

Q17. What happens if defects in papers are not cured?

Registry may refuse to list the matter, or the court may dismiss it.

Q18. What is the format of a memorandum of appeal?

It contains the cause title, details of the impugned order, grounds, and prayer.

Q19. Can multiple parties file one appeal?

Yes, if they have a common interest and cause.

Q20. What relief can the High Court grant?

It can confirm, modify, reverse, or send the case back to the lower court.