Sandeep Gupta (Manager) 06 April 2018

Query of the caveate

I have filed a Caveat in the Hight Court.

There was a case in the civil court filed against me which has been rejected by the court since the case was barred by the law under order 7 rule 11. I have filed the Caveat in the High court.

Plaintiff has filed the appeal in HC and served the notice through my lawyer to me. Now once the case comes to hearing. Does it mean that from the day one of the hearing I can attend the case during preliminary hearing and submit my objections. Since the case is barred by the law, there is a chance that High court will reject the case during preliminary hearing.

The case will be accepted by the court based on the argument of the plaintiff first and thereafter only I can appear to the court. if so then what is the purpose of Caveat. Than the case will anyway run for another two to three years.

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3 Replies

R.Ramachandran (Advocate) 06 April 2018

Either you in person or through a lawyer can appear right from the first hearing of the case and put forward your points. The very purpose of Caveat is only to enable you to make your submissions right at the first day.

Sandeep Gupta (Manager) 06 April 2018

Thanks Ramachandran Sir.

If I make my submission from day one. Will court reject the case during initial hearings if convinced that the case is barred by the law or civil court judgement is correct or HC still keeps goings for years the way it is generally happened in courts.

What if other party does not appear for one hearing and then appear of other and so on to drag the case.

R.Ramachandran (Advocate) 08 April 2018

After hearing your points, if the Court still feels that it has to hear the case further before finally giving a verdict, it may still admit the case and proceed.