How to File an Appeal in the High Court.

Step-by-Step Process to File an Appeal

1. Identify if the Order is Appealable

Appeals can be filed against:

• Civil decrees or judgments from District Courts
• Criminal convictions from Sessions or Magistrate Courts
• Certain writs or tribunal orders (as permitted by law)

Example: If a District Court passes a decree in a property dispute, the losing party can appeal in the concerned High Court.

2. Check the Time Limit (Limitation Period)

• Civil Appeals: 90 days from the date of decree or order.
• Criminal Appeals: 30–60 days, depending on case type.
• Delay can be condoned if you file a delay condonation application with valid reasons (like medical emergencies or late receipt of judgement).

3. Draft the Memorandum of Appeal

Prepared by an advocate, it must contain:

• Court name and parties' details
• Details of the judgment/order being challenged
• Legal grounds of appeal
• Relief sought (e.g., reversal, modification, stay)

4. Attach Supporting Documents

• Certified copy of the judgment/decree/order
• Copies of pleadings, exhibits, or evidence (if required)
• Court fee receipt (as per High Court schedule)
• Vakalatnama (advocate authorization)
• Identity proofs (for record)

5. File the Appeal

• Submit all papers to the Filing Section/Registry of the concerned High Court.
• The registry checks compliance; if defects are found, you must rectify them before listing.

Where to Apply:

• Appeal must be filed in the High Court that has jurisdiction over the lower court that passed the judgment.
• Online Filing: Many High Courts now support e-filing portals:

6. Admission & Final Hearing

• Court first checks if the appeal is maintainable (called the admission stage).
• If admitted, notice is issued to the other party.
• Both sides argue during the final hearing.
• The High Court may confirm, modify, reverse, or remand the case back to the lower court.

Court Fees

• Civil Appeals: Based on case value, usually 1–2% of the amount involved (subject to cap as per court rules).
• Criminal Appeals: Usually a nominal fee or sometimes none.
• Vakalatnama & Misc. Fees: ₹10–₹100 (state-wise variation).
• Check respective High Court websites for updated fee notifications.

Practical Tips

• File within limitation; delays weaken credibility.
• Grounds of appeal should be legal, not emotional.
• Get certified copies early to avoid missing deadlines.
• Use an advocate familiar with High Court procedures.

Frequently Asked Questions (FAQs)

1. What's the difference between appeal and revision?

Appeal re-examines the entire case. Revision checks only legal or jurisdictional errors.

2. Do I need an advocate?

Yes. Though self-representation is allowed, it's rarely advisable for High Court matters.

3. Can delay be excused?

Yes, by filing a delay condonation application showing valid reasons.

4. What happens if the appeal is dismissed?

You can approach the Supreme Court with a further appeal if grounds exist.

5. Is a court fee necessary?

Yes, as per the Court Fees Act and High Court rules.

6. Can I seek a stay during the appeal?

Yes, you can apply for interim relief, such as a stay on decree or suspension of sentence.

7. Can new evidence be added?

Only in exceptional cases, if justice demands it, with the court's permission.

8. Who hears appeals in the High Court?

Usually a Division Bench (two judges) or a Single Judge Bench, depending on case type.

9. Can an appeal be withdrawn?

Yes, with the court's permission before final judgement.

10. How long does an appeal take?

It depends on the backlog — it can range from a few months to several years.

11. Is a certified copy of the judgement compulsory?

Yes. Without it, the appeal is incomplete.

12. Can I file an appeal online?

Yes, most High Courts offer e-filing; however, physical submission is still common.

13. Can the State appeal against acquittal?

Yes, the prosecution can appeal an acquittal in criminal cases.

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

An intra-court appeal from a Single Judge's order to a Division Bench, allowed in some High Courts.

15. Can multiple parties file one appeal?

Yes, if they share the same grievance or relief sought.

16. What if the registry finds defects?

The appeal won't be listed until you correct them within the given time.

17. Do I need to be personally present?

Usually no, unless the court specifically calls for it.

18. What reliefs can be granted?

The High Court can confirm, modify, reverse, or remand the case.

19. Can I appeal against an interim order?

Only if the law allows. Otherwise, a revision or writ petition may be filed.

20. How can I track my appeal status?

Through your High Court's website using the case number or party name.