How many days for a first appeal in the High Court?

Ninety days from the decree, under Article 116(a), plus time excluded under section 12(2).

Is Sunday counted in limitation?

Sundays count as days within the period. Only when the last day falls on a day the court is closed does section 4 move it to the reopening day.

Can delay in filing an appeal be condoned?

Yes, under section 5 of the Limitation Act, on showing sufficient cause.

Limitation periods for appeals, revisions and reviews in India

The limitation periods advocates use most under the Limitation Act, 1963, and how to count them, with section 12 and section 4 explained.

Updated 31 Oct 2026 · General information, not legal advice for a particular case.

Use the free limitation period calculator →

The periods used most often

Appeal to the High Court from a decree or order (CPC): 90 days — Article 116(a).
Appeal to any other court (CPC): 30 days — Article 116(b).
Intra-court (Letters Patent) appeal: 30 days — Article 117.
Criminal appeal from a sentence of death: 30 days — Article 115(a).
Criminal appeal to the High Court from any other sentence or order (not an acquittal): 60 days; to any other court: 30 days — Article 115(b).
State appeal against acquittal: 90 days — Article 114(a).
Review of a judgment by a civil court: 30 days — Article 124.
Revision: 90 days — Article 131.
Setting aside an ex parte decree: 30 days — Article 123; restoring a suit dismissed for default: 30 days — Article 122.
Execution of a decree: 12 years from when it becomes enforceable — Article 136.
Any application not otherwise provided for: 3 years — Article 137.
Special leave petition to the Supreme Court: 90 days from the judgment, or 60 days from an order refusing a certificate of fitness — Supreme Court Rules, 2013.
Commercial appeal: 60 days — section 13(1A), Commercial Courts Act, 2015. Consumer appeal to the State Commission: 45 days — section 41, Consumer Protection Act, 2019.

How the period is counted

Section 12(1) excludes the day from which the period is reckoned, so the period is simply added to that date: a 30-day appeal against an order of 10 October ends on 9 November.

Section 12(2) excludes the time requisite for obtaining a copy of the decree, sentence or order appealed from. In practice this is the time from the copy application to the date the copy is ready, both days included. Time before the copy application is not excluded, and an application made after the period has expired gives no benefit.

When the last day is a holiday

Under section 4, where the prescribed period expires on a day the court is closed, the appeal or application may be filed on the day the court reopens. Keep your High Court's holiday notification at hand; vacations and local holidays differ by state.

When the period has passed

Section 5 allows an appeal or application to be admitted after the period if the court is satisfied there was sufficient cause. File a separate application for condonation of delay, explaining the delay day by day where possible. Section 5 does not apply to suits or to applications under Order XXI CPC.

Frequently asked questions

How many days for a first appeal in the High Court?: Ninety days from the decree, under Article 116(a), plus time excluded under section 12(2).
Is Sunday counted in limitation?: Sundays count as days within the period. Only when the last day falls on a day the court is closed does section 4 move it to the reopening day.
Can delay in filing an appeal be condoned?: Yes, under section 5 of the Limitation Act, on showing sufficient cause.