Caveat
Querist :
Anonymous
(Querist) 19 January 2012
This query is : Resolved
when can caveat be filed.and what is the proses.
ajay sethi
(Expert) 19 January 2012
a caveat is giving notice to the Court not to issue any grant or take any step without notice being given to the party lodging the caveat
Section 148-A of the Code of Civil Procedure provides for lodging of a caveat
for instance
Government on Tuesday filed a caveat in the Supreme Court against any ex-parte order on the petition of Army chief Gen V K Singh challenging the decision over his date of birth.
An application was filed by the ministry of defence urging the apex court not to pass any order on Singh's petition without hearing it. The caveat as filed through counsel T A Khan
V R SHROFF
(Expert) 20 January 2012
usually person obtain ex parte injunction, STAY ORDER"
To avoid it, the party apprehend stay, can file caveat, meaning, they should be first heard, before hearing stay order application.
it is precautionary method, not to get order restraining them, taking them to surprise, and avoid such order.
Advocate. Arunagiri
(Expert) 20 January 2012
Stay can be filed in fresh case, or appeal also.
There is a format available in the court premises, use that and file it in the court. Serve the copy to the opposite site.
It is tough for a party to understand and execute. Take the help of an advocate.
girish shringi
(Expert) 20 January 2012
If you have any cause for it you can put the same then would be much better.
M/s. Y-not legal services
(Expert) 20 January 2012
if you filed any caveat petition against any one mean., court can not pass any stay, injunction against you without notice to you for next 90 days..
-tom-
M/s. Y-not legal services
(Expert) 20 January 2012
Civil Procedure Code 1908
148A. Right to lodge a caveat.
(1) Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be, made, under sub-section (1).
(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.
(4) 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 copies of any paper or document which has been, or may be, filed by him in support of the application.
(5) Where a caveat has been lodged under sub-section (1), 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-section (1) has been made before the expiry of the said period.]
-tom-
Sailesh Kumar Shah
(Expert) 21 January 2012
caveat is file to avoid ex-parte order from the court on filing case by prospective plaintiff(s). For more details read section 148-A of CPC.
