What to do when an appeal is filed?

An appeal is filed in two cases..

1. When decree is passed and the aggrieved party goes against the impugned order in the appellate court..
2. When an order is passed in a suit and its an appealable order..

An appeal is not like the original suit.. It doesn't have steps in it. There are two parties in an appeal. The appellant and the respondent. There can be more than one appellant and more than one respondent in an appeal. Usually the parties in the original suit and the appeal are same.

When an appeal is filed, the respondent is liable to contest it. There is no written statement or reply filed in the appeal. The respondent only has to contest it through attorney or in person by giving arguments and evidence against the appeal. That is possible even in a single adjournment..

If you have any appeal pending in any court and you are looking for a perfect lawyer, we are at your service. Even if you have your lawyers contesting your appeal, we can offer you consultation services. For that you can write us at internationallawyerinfo@gmail.com

Regards,
International Lawyer
Team

Can Appeal be filed if a private complaint is dismissed?

The answer is no because the only remedy available in case of dismissal of Private Complaint under section 203 of Criminal Procedure Code, 1898 is revision. This revision is filed under the provisions of section 239-A of Criminal Procedure Code, 1898.

Now the question arises that if the court of session dismisses revision in case of dismissed complaint what is the remedy?

There is no remedy against such dismissal. Revision of Revision is not possible. However, when there is no remedy available in any court of Pakistan an aggrieved person can directly approach High Court under Article 199 in such situation. That means a Writ Petition can be filed if revision against dismissal of a private complaint gets dismissed by the court of session.

Another Question arises that what is the time period for filing revision in case of dismissal of a private complaint. A simple and straight answer to that is 3 months because revision petitions can be filed against orders within 90 days.

Regards,
Salman Yousaf Khan
International Lawyer
+92-333-5339880