Civil appeals & writs

An appeal is not a second attempt at the same argument. It proceeds on the record already made, and it succeeds where the judgment under appeal misread a document, misapplied the law, decided something no party had asked for, ignored evidence that was there, or relied on evidence that was not. That is why the first step in an appeal is to read the judgment against the record, and why an honest reading sometimes ends in advising a client that the decree, however unwelcome, is not likely to be disturbed.

There is a hierarchy of remedies, and the right one has to be chosen. An appeal lies from a decree or from certain orders; a revision lies in a narrower class of cases; a review is asked of the same court that decided the matter, on limited grounds such as an error apparent on the face of the record. Each has its own period of limitation, and time runs from the date of the decree or order — not from the day the client learns of it. Where time has already run, the delay must be explained before anything else can be argued, and an application for stay of the decree usually cannot wait.

A writ petition arises where the grievance is against a public authority rather than a private person: a municipal sanction refused or revoked without hearing, a mutation or record not corrected, a public body acting outside the power the statute gives it, a demand raised without authority, an order passed without notice. The court in a writ proceeding does not retry facts; it examines whether the authority had the power it exercised and whether it exercised that power lawfully and fairly.

Advocates at the chambers appear in civil appeals, revisions and review applications arising from civil decrees and orders, and in writ petitions in civil matters. The chambers appears in the courts at Kolkata, and elsewhere in India for key matters.

What this area covers

• First and second appeals from civil decrees
• Appeals from interlocutory and appealable orders
• Revision applications and review applications
• Applications for stay and interim protection pending appeal
• Applications for condonation of delay in filing
• Writ petitions in civil matters against public authorities
• Opinions on whether an appeal is maintainable and worth filing
• Appearance in matters outside Kolkata where the matter requires it

The advocates who handle these matters

• Bimlesh Kumar Jain

  B.A. LL.B. · Over 50 years in practice

  In practice for over fifty years, in civil matters including property and matrimonial law.

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• Aditya Kumar Jain

  B.A. LL.B. · Over 10 years in practice

  In practice for over ten years, with a focus on property law, working with a team of associates.

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