Explainer · Limitation · Appeals
Limitation Period for Filing an Appeal in India (2026)
An appeal has a much shorter clock than the original case, and it is easy to miss. Under the Limitation Act, 1963, a first appeal to a High Court is generally 90 days and an appeal to any other court is generally 30 days, counted from the date of the decree or order. This guide gives the exact Article for each court, when the clock starts, the time you are allowed to leave out for getting a certified copy, and how a court can excuse a late appeal under Section 5. Last verified October 2026.
- High Court appeal: generally 90 days under Article 116, from the date of the decree or order.
- Other court appeal: generally 30 days under Article 117, from the date of the decree or order.
- Certified copy: the time taken to obtain it is excluded under Section 12.
- Late appeal: can be admitted under Section 5 on sufficient cause, but the court has discretion, so file in time.
01The short answer
The time to file an appeal depends on which court you are appealing to. To a High Court the usual period is 90 days (Article 116 of the Limitation Act, 1963). To any other court, such as a district court, the usual period is 30 days (Article 117). Both run from the date of the decree or order you are challenging.
Unlike suits, a late appeal can often be saved. Section 5 lets a court admit a late appeal if you show a good reason, called sufficient cause, for the delay. But do not rely on that. File within the period and keep condonation as a backup, not a plan.
02The limitation period for each court
The Schedule to the Limitation Act, 1963 sets the appeal periods. The common ones are below.
| Appeal | Article | Period | Time runs from |
|---|---|---|---|
| Appeal to a High Court from a decree or order | 116 | 90 days | Date of the decree or order |
| Appeal to any other court from a decree or order | 117 | 30 days | Date of the decree or order |
| Appeal from a sentence of death by a Court of Session or High Court | 115(a) | 30 days | Date of the sentence |
| Appeal from any other criminal sentence or order | 115(b) | 60 or 30 days | Date of the sentence or order |
Some appeals are governed by their own statute rather than these Articles. For example, a special law may fix 30, 45, 60 or 90 days for appeals to a tribunal, and that special period prevails. Always check whether a special law applies before you count days. A second appeal to a High Court on a substantial question of law follows the same 90-day rule under Article 116; see how to file a second appeal in the High Court.
03When does the clock start?
The period runs from the date of the decree or order that you want to challenge, not the date you received a copy and not the date you instructed a lawyer.
Under Section 12 of the Act, the day of the decree or order itself is excluded, so counting begins the next day. If the last day falls on a court holiday, the appeal can be filed on the next working day under the General Clauses Act. These points matter, because an appeal is often lost by a day or two, not by weeks.
04Time excluded for getting a certified copy
You usually file an appeal with a certified copy of the judgment and decree. Section 12 says the time taken to obtain that certified copy is excluded from the limitation period. In practice this gives you back the days the court registry took to prepare the copy.
Apply for the certified copy at once
The exclusion only covers the time properly spent obtaining the copy. Apply the day the order is passed and keep the application receipt, so the registry days are clearly on record and counted in your favour.
To work out your real deadline, take the Article period, add the days the registry took for the certified copy, and count from the day after the order. When in doubt, file early.
05Condonation of delay under Section 5
Condonation means the court forgives a late filing because there was a good reason. Section 5 of the Limitation Act allows a court to admit an appeal after the period if the appellant shows sufficient cause for not filing in time. This is the main route to rescue a late appeal.
What counts as sufficient cause
There is no fixed list. Courts look at whether the party acted with reasonable care and good faith, and whether every day of delay is explained. Genuine illness, delay caused by the court registry, or a bona fide mistake are examples courts have accepted. Plain carelessness, or leaving a matter with a lawyer without follow-up, is usually weak ground.
How to apply
File an application for condonation of delay along with the memorandum of appeal, supported by an affidavit that explains the delay day by day, with proof. The court then decides whether to accept it. It is a matter of the court's discretion, not a right. See the format of a memorandum of appeal for the appeal document itself.
06If the deadline has passed
If you are past the period, act fast. The longer the delay, the harder it is to explain. Steps to take:
- Recount the days. Subtract the certified-copy time under Section 12. You may still be within the period.
- Prepare a Section 5 application. Explain every day of delay with an affidavit and supporting proof.
- File without further delay. Each extra day weakens the sufficient-cause plea.
Remember that condonation is discretionary. A court can refuse it, and then the order you wanted to challenge becomes final. The general rules for all civil limitation are in our explainer on the limitation period for civil cases.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
An appeal period is short, and the real risk is missing the next step once the appeal is admitted. If your matter escalates to an appeal, you can create a FREE Claw account to track it across 9,102 courts, benches and forums, with hearing and order alerts so you learn of listings and orders without scanning cause lists by hand. You can also search 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to see how courts have treated condonation and sufficient cause in similar delays, with results in under 5 seconds. Claw does not use your case documents to train its AI models.
Create a FREE Claw account to track your appeal and every hearing, and use case search across Indian courts to find how courts decided similar condonation pleas.
08Sources and further reading
- Limitation Act, 1963 (bare Act and Schedule): indiacode.nic.in
- Limitation Act, 1963 Schedule text: devgan.in
- Commentary on appeal limitation and condonation: advocatekhoj.com
- Claw: clawlaw.in
This page is general information, not legal advice. A special law may set a different appeal period, so confirm the governing statute and the current Schedule before you act.
09Frequently asked questions
What is the limitation period for filing an appeal in India?
A first appeal to a High Court is generally 90 days under Article 116 of the Limitation Act, 1963, and an appeal to any other court is generally 30 days under Article 117. Both run from the date of the decree or order. A special law may fix a different period for appeals to a particular tribunal.
From which date is the appeal period counted?
From the date of the decree or order being challenged, not from when you received a copy. Under Section 12 the day of the order is excluded, so counting starts the next day, and the time taken to obtain a certified copy of the judgment is also excluded.
Is the time for a certified copy excluded?
Yes. Section 12 of the Limitation Act excludes the time properly taken to obtain a certified copy of the judgment and decree. Apply for the copy at once and keep the receipt, so the registry days are counted in your favour when you compute the deadline.
Can a late appeal be condoned?
Yes. Section 5 lets a court admit a late appeal if you show sufficient cause for the delay. You file a condonation application with an affidavit explaining each day of delay. It is the court's discretion, not a right, so the appeal can still be refused if the reason is weak.
What happens if I miss the appeal deadline and condonation is refused?
The order you wanted to challenge becomes final and can no longer be appealed through that route. That is why the safe course is to file within the period and treat condonation as a backup, not a plan.