Purpose of caveat

Balaji Bakthavathsal (Querist) 24 May 2016 This query is : Resolved
Based on the lower court order in my favour, I filed a caveat in the sub-court against the defendant. The defendant filed an appeal in the sub-court and the court has served the summon to me. My question is what purpose do the caveat serve ? Can you the learned lawyers please elucidate ? I am given to understand that before admitting the appeal, I would be intimated first.

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SAINATH DEVALLA (Expert) 24 May 2016
Notice to that effect would be served to U before the appeal is admitted.Caveat by U and the appeal by the defendant are not interrelated and are different in nature.

Balaji Bakthavathsal (Querist) 24 May 2016
Thanks Sainath for the lightening reply. I am still confused as you say that notice would be served before admitted and at the same time you say that "Caveat by U and the appeal by the defendant are not interrelated and are different in nature".

Though I filed the caveat, two hearings have taken place without my knowledge and after that only I have been served the summon. That is why I asked the question what purpose does the caveat serve. I hope that I have made my doubt clear.

Thanks & Regards

Ajay Bansal (Expert) 24 May 2016
Answered as above given by Sainath Devalla.

SAINATH DEVALLA (Expert) 24 May 2016

[c] Where, after a caveat has been lodged under Sub-Regulation [a], any application is filed in any appeal or proceeding the Tribunal shall serve a notice of the application on the caveator.

[d] Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator, at the caveator’s expense, with a copy of the application made by him and also with a copy of the application made by him and also with copies of any paper or document which has been, or may be filed by him in support of the application.

[e] Where a caveat has been lodged under Sub-Regulation[a], such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged, unless the application referred to in Sub-Regulation[a] has been made before the expiry of the said period.

THIS IS THE PROCEDURE

P. Venu (Expert) 25 May 2016
The main purpose of caveat is that no interim orders is granted without hearing the opposite party. In the instant case, the court has only admitted the appeal, but from the facts stated, has not allowed any interim relief in favour of the appellant.