Frank 08 December 2016
Sir,
A civil suit is likely to be initiated at the behest of one owner of a car parking garage (situated inside a cooperative housing society) which is being used for commercial activity and against whom the MCGM has issued final order u/s.351 MMC Act, 1888. The Garage owner is a member of the society so as the original complainant. Can the complainant file a caveat? If yes, how would the title appear?
Thank you in advance. Lipson Frank
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 08 December 2016
Originally, a caveat was a document that could be served on either a judge or a public official to give him or her notice that he or she should discontinue a certain proceeding until an opposing party was given an opportunity to be heard.
jyotirmaya behera (advocate) 08 December 2016
Caveat ( Section 148 A of CPC) means without given opportunity to the opposite party, the court can not pass any other.
For that reason the party filed the caveat petition and before filing of the caveat petition the party must send that caveat petition to the opposite party and opposite party can not take any stapes to obtain ex-party order relating to the said dispute.
Jyotirmaya Prasad Behera
Advocate, Orissa high Court
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