LPA Full Form in Law & Legal Provisions

The full form of LPA is Letter Patent Appeal. It is an appeal made by a petitioner against a single judge's decision to another bench within the same court. When the High Courts were established in India in 1865, the LPA was introduced as a remedy. It remains the only available remedy in court for a petitioner challenging a decision made by a single High Court judge. Without this, the petitioner could only seek a remedy in the Supreme Court.

In some cases, a single judge’s decision may be flawed due to manipulated facts or misinterpreted law. The LPA gives the petitioner the option to appeal to a different bench, typically consisting of more than one judge, before approaching the Supreme Court. By doing so, the petitioner can save the costs associated with taking the case to the Supreme Court.

Time Limit for Appeal

When a petitioner files an appeal in the High Court against a single judge’s order, it is called an intra-court appeal. The time limit for filing such an appeal is a maximum of 30 days. 

In contrast, if the petitioner appeals to the Supreme Court against the High Court's order, it is known as an inter-court appeal. The time limit for filing an inter-court appeal is a maximum of 90 days.

With that being said, Section 5 of the Limitation Act 1963 allows courts to condone delay in filing appeal if the petitioner demonstrates sufficient cause for the delay. If there is a sufficient cause for delay, the petitioner can file LPA after the prescribed period.

Can a Petitioner File LPA against any Judgement?

A petitioner may file an appeal against any decree, judgemental or final ruling in a civil proceeding of a High Court. But there is a catch: the appeal can only happen if the case raises a major legal question that the High Court thinks is worth further review. 

When someone files an appeal, they need to show that there are legal questions involved and prove that the High Court made a mistake in law or constitution’s interpretation 

To file an appeal, the individual filing it must pay court fees as mentioned in the schedule or relevant hand book. When submitting the appeal, certain documents need to be provided, including:

• Certified copy of the judgement and decree appealed from.

• Certified copy of the certificate issued by the High Court.

• Certified copy of the order granting the aforementioned certificate.

Legal Provisions for Letter Patent Appeal

Article 226 and 227 of the Indian Constitution contain the legal provisions concerning the Letter Patent Appeal. To uphold the rights and liberties of Indians, writers have been a form of security and armour. Articles 226 bestows upon the HC the power to issue directions, orders and writs in order to enforce fundamental rights or any other purposes.

Under Article 226, a party can enforce their legal rights as long as they can demonstrate sufficient interest in the matter at hand. This means this Article allows an individual to seek legal remedy or enforcement of their rights through HC, but they must show that they have a valid/direct interest in the issue they are raising. To put it simply, the petitioner must be directly affected by the situation/decision in question to be able to take legal action. This ensures that only those with genuine stake in the matter get to seek judicial relief.

The Supreme Court established this principle in the case of S. P. Gupta vs. President of India, where it stated the traditional rule regarding locus standi is that judicial redress is available only to a person who has suffered a legal injury due to the violation of their legal rights or legally protected interests by the State, a public authority, or another person, or who is at risk of suffering such an injury due to the threatened violation of those rights. The right to seek judicial redress is based on personal harm to property, body, mind, or reputation, caused by the actual or threatened violation of the legal rights or interests of the person seeking redress.

Article 227, on the other hand, grants the High Court the power of superintendence over all other courts within its jurisdiction. This means the High Court can:

• Call for returns from other courts.

• Issue general rules and prescribe necessary forms.

• Prescribe how books and records should be maintained by those courts.

• Determine the fees allowed to officers and other court members.

Conclusion

LPA stands for Letter Patent Appeal. It is a legal mechanism that allows a petitioner to challenge the decision made by a single judge of a High Court. LPA helps the petitioner avoid the higher costs associated with approaching the Supreme Court. The legal provisions governing LPAs are provided in Articles 226 and 227 of the Indian Constitution.

Frequently Asked Questions (FAQs)

Q1. What is LPA full form in law?

A. LPA full form in law is Letter Patent Appeal.

Q2. Which Articles in the Constitution of India outline provisions for Letter Patent Appeal?

A. Articles 226 and 227 of the Constitution of India (COI) outline the provisions for Letter Patent Appeal.

Q3. How does a Letter Patent Appeal differ from an appeal to the Supreme Court?

A. An LPA is a legal mechanism to appeal a Single HC judge’s decision within the HC. On the other hand, an appeal to the SC is a higher-level appeal that involves additional costs and processes. 

Q4. Can I file an LPA in any High Court in India?

A. No, the LPA must only be filed in the High Court where the original decision was made by a single judge.

Q5. What is the purpose of an LPA?

A. The purpose of Letter Patent Appeal is to allow a petitioner to challenge a decision of a single judge of HC by filing an appeal to a division bench of the same HC. 

Q6. What is the procedure for filing an LPA?

A. The procedure for filing an LPA involves multiple steps, such as submitting a formal petition to the division bench of the High Court, along with necessary documentation and legal arguments for challenging the single judge's decision.

Q7. Is there a time limit for filing an LPA?

A. Yes, the time limit for filing an LPA is a maximum of 30 days from the date of the single judge's order.

Q8. What are the grounds for filing an LPA?

A. Some grounds for filing an LPA are misinterpretation of law, misapplication of legal principles, and/or failure to consider important evidence/arguments in the original ruling.

Q9. Can I (petitioner) appeal a decision in an LPA further?

A. Yes, after the division bench hears the LPA, the petitioner can further appeal the decision to the Supreme Court of India provided there are grounds to do so.

Q10. Does filing an LPA come with fewer costs compared to appealing to the Supreme Court?

A. Yes, filing an LPA typically comes with fewer costs compared to filing an appeal to the Supreme Court. This makes LPA a more economical option for the petitioners.

Author: Kashish Kumar

Ms. Kashish Kumar holds a BA (Hons.) in Philosophy from the University of Delhi, where she specialized in Philosophy of Law, and an MA in Philosophy from the same institution. She has a background in legal studies and continues to build on her expertise in the field. With over five years of experience in content creation, Kashish has worked as a ghostwriter and contributed to non-profit organizations in the U.S. and U.K. Growing up in a family with a strong legal background, she developed a natural passion for content related to legal topics. In addition to her professional work, she has been involved in social initiatives through organizations like PETA, CRY, and WWF. Kashish is an avid reader, with a particular love for books and blog posts. Her favorite series is The Lincoln Lawyer.