letter patent appeal is now override by the CPC .

This query is : Resolved 

22 August 2010

1) Can a appeal can be filed when a cavet emptor is filed ? WHich section says ?

2) When this question was put, the court officials said "yes, an appeal can be accepted and given a number, but you will be informed only when it comes before the bench.". What do u mean by when it comes before the bench.also the word bench means ?

3)Appeal can be accepted and admitted when caveat is already there. Only relief cannot be granted to the appealent without hearing the caveator.Which section says that the relief can't be granted ?

4) Also i have heard the letter patent appeal is now override by the CPC which sections say that it has been overrided & now letter patent appeal is not applicable all over the india ?

Thanks In Adavnce.

Chanchal Nag Chowdhury (Expert)
22 August 2010

Caveat & Caveat emptor are two different things.The former is filed u/s 148A CPC by which the Caveator has a right to be heard before the appellate court passes any order staying the operation of the order appealed from but not on the question whether the appeal will be admitted or not.Caveat emptor is a term used in the case of sale of goods which literally means 'buyer be aware'.
Bench means Judge of the court.
Letters patent appeal arises when an order of a single judge of a HC is appealed in a larger court of two judges of the same HC.

s.subramanian (Expert)
23 August 2010

Yes. I concur with Mr.Chanchal.

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