Article 117: [Art. 151 of the Act of 1908]:
The period of limitation for an appeal from a decree or order of any High Court to the same Court is thirty days and the limitation starts to run from the date of the decree or order.
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ADVERTISEMENTS:
The Article 117 of the Limitation Act, 1963 is applicable to an appeal against the judgment and order of a Single Judge of a High Court passed in exercise of his jurisdiction under Art. 226 of the Constitution.
Section 29(3) of the Limitation Act, 1963 provides that except otherwise provided by any law for the time being in force in regard to marriage and divorce nothing in Limitation Act shall apply to any suit or other proceedings under any such law.
An appeal relating to provisions of Companies Act against the judgment of Single Judge of High Court to Division Bench of High Court attracts the Art. 117 of the Limitation Act, 1963. In computing the period of limitation time taken in getting leave or certificate to appeal will be excluded in computation time as per Section 12 of the Limitation Act. The limitation under Art. 117 starts running from the date of the decree or order appealed from and the limitation period is 30 days.