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caveat in writ and writ appeal

(Querist) 09 January 2009 This query is : Resolved 
whether we can file caveat in writ and writ appeal
Tribhuwan Pandey (Expert) 09 January 2009
where there is an order in your favour and it is likelihood a writ petition/appeal is lie against such order in that case you may file caveat.

In simple words there should be some order in your favour because for filing a caveat a copy of an order is to be annexed.
Tribhuwan Pandey (Expert) 09 January 2009
Tribhuwan Pandey (Expert) 09 January 2009
G. ARAVINTHAN (Expert) 09 January 2009
Not possible to file a caveat in Writ petition. But you can file a caveat in a Writ Appeal
G. ARAVINTHAN (Expert) 09 January 2009
Not possible to file a caveat in Writ petition. But you can file a caveat in a Writ Appeal
Guest (Expert) 10 January 2009
You have seen difference of opinion by my learned friends. This is because, the writ rules are not universal in the High Courts in India. Every High Court has evolved its own rules to file writ petitions in the High Court. Even the proforma of the writ petition is also different from one court to another court.

You are well aware that writ jurisdiction is the jurisdiction under Article 226 and writ appeal is letters patent appeal. Now, in some high courts, caveat is allowed to be filed apprehending the filing of the writ petition by the party, who lost it in the trial court. But, in some High Courts, by saying that the caveat provision is the provision of CPC and is not applicable in writ proceedings, invented a mechanism to serve advance copy on the opposite party and show the proof before filing the writ petition. Similar is the case in writ appeal. As the writ and writ appeal are filed in the High Court, caveat also to be fined in the High Court, where the writ may likely to be filed by the opposite party. The court fee for the caveat petition is Rs.6.50 (Six rupees and fifty paise)

Prabhakar (M)9958670740
karlprabhakar@gmail.com
Guest (Expert) 10 January 2009
You have seen difference of opinion by my learned friends. This is because, the writ rules are not universal in the High Courts in India. Every High Court has evolved its own rules to file writ petitions in the High Court. Even the proforma of the writ petition is also different from one court to another court.

You are well aware that writ jurisdiction is the jurisdiction under Article 226 and writ appeal is letters patent appeal. Now, in some high courts, caveat is allowed to be filed apprehending the filing of the writ petition by the party, who lost it in the trial court. But, in some High Courts, by saying that the caveat provision is the provision of CPC and is not applicable in writ proceedings, invented a mechanism to serve advance copy on the opposite party and show the proof before filing the writ petition. Similar is the case in writ appeal. As the writ and writ appeal are filed in the High Court, caveat also to be fined in the High Court, where the writ may likely to be filed by the opposite party. The court fee for the caveat petition is Rs.6.50 (Six rupees and fifty paise)

Prabhakar (M)9958670740
karlprabhakar@gmail.com
Guest (Expert) 10 January 2009
You have seen difference of opinion by my learned friends. This is because, the writ rules are not universal in the High Courts in India. Every High Court has evolved its own rules to file writ petitions in the High Court. Even the proforma of the writ petition is also different from one court to another court.

You are well aware that writ jurisdiction is the jurisdiction under Article 226 and writ appeal is letters patent appeal. Now, in some high courts, caveat is allowed to be filed apprehending the filing of the writ petition by the party, who lost it in the trial court. But, in some High Courts, by saying that the caveat provision is the provision of CPC and is not applicable in writ proceedings, invented a mechanism to serve advance copy on the opposite party and show the proof before filing the writ petition. Similar is the case in writ appeal. As the writ and writ appeal are filed in the High Court, caveat also to be fined in the High Court, where the writ may likely to be filed by the opposite party. The court fee for the caveat petition is Rs.6.50 (Six rupees and fifty paise)

Prabhakar (M)9958670740
karlprabhakar@gmail.com
MANISH (Expert) 14 January 2009
Dear Sir,
I agree by Aravinthan Ganesan.


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