About caveat

This query is : Resolved 
 

(Querist)
04 February 2010

What is caveat under CPC and when it is filled and by whom it is filled?

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N RAMESH. (Expert)
04 February 2010

Refer section 148-A of CPC.

Binod Kumar Mishra (Expert)
04 February 2010

yes see section 148-A of CPC and the caviet is filed by the party who think that his/her opponents will challenge the earlier judgement before apex court.

B K Raghavendra Rao (Expert)
04 February 2010

The caveat is filed by a party who suspects that the other party might approach court against him and obtain ex-parte ad-interim injunctions or other restraining orders. Caveat in principle mean 'please hear me before proceeding to pass orders'. If you have succeeded in a decree, for example, you may file a caveat in high court or appellate court so that your opponent would not approach the appellate court and take stay order against the decree awarded in your favour, without first hearing you. The court would order notice to you in case your opponent files an appeal or the case.

Caveator, the person who files caveat, is required to first send a copy of the caveat to you and then file it in the court of law.

barun deka (Expert)
04 February 2010

couldn't be clearer than how Mr Rao explained. however, caveator may also be a third party who might apprehend a suit between two parties with respect to some subject-matter in which he has an interest and would want to contest as a party

Yamalapalli Haribob (Expert)
04 February 2010

iam agreeing with rao 's sir opinion.

Y V Vishweshwar Rao (Expert)
04 February 2010

explained in detail - by Shri B K R Rao & Mr Barun Deka

Arvind Singh Chauhan (Expert)
04 February 2010

I go with barun deka. Third party also may file caveat, that before passing an order he should be heard as a party.



Guest (Expert)
04 February 2010

Life of a caveat is only 90 days from the date of filing.
If a court gives a stay order without taking note or giving effect to the caveat in force, then the order is liable to be quashed forthwith.



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