Sir/Madam, We filed OS in civil court recently for temporary injunction, my advocate said it was filed caveat by opponents three months back. I understood caveat can't file on OS, is it correct?
NRV 22 March 2022
Sir/Madam, We filed OS in civil court recently for temporary injunction, my advocate said it was filed caveat by opponents three months back. I understood caveat can't file on OS, is it correct?
Shashi Dhara 22 March 2022
No ,if a person belive that opponent may approch court and take ex parte injunction so he can file caveat not to grant exparte injunction without giving opportunity to hear on defendant side ,one caveat time is 90days it lapse after that .
Dr J C Vashista (Advocate) 24 March 2022
Repeated query as observed from your profile at: https://www.lawyersclubindia.com/profile.asp?member_id=807460
posted a new topic in forum Need suit for cancellation of sale deed??
posted a new topic in forum Can file caveat on original suit?
posted a new topic in forum What will happen if caveat filed?
posted a new topic in forum To get gpa certified copy, affidavit format??
posted a new topic in forum Caveat, case type category?
posted a new topic in forum Caveat petition case type?
It is ridiculous and absurd.
Palak batra 24 March 2022
Dear Querist,
According to Section 148A, when people apprehend that some case against them is filed or is about to be filed in any court of law in any manner, they have a right to lodge a caveat. The Caveat may be lodged in the form of a petition under the following circumstances:
During an ongoing suit or litigation and in that the application is already been made or is expected to be made;
The suit is about to be instituted and in that suit, an application is expected to be made.
Thus, firstly it is always about an application in a suit of the proceeding and secondly that suit or proceeding can be in the present which is already instituted or it can be in the future where a suit is not instituted yet but the same is expected. In all such situations the right to lodge a caveat arises.
Some of the common mistakes made while filing caveat are as follows:
The caveat is often filed in support of an application, it is important to remember that caveat can be made only against an application;
Caveator forgets to serve a notice to the applicant, which is mandatory under Section 148A of CPC
Caveators often claim that the order or judgment was incorrect because the notice was given, even after the expiration period. It is important to remember that after 90 days, a fresh caveat needs to be filed.
Regards,
Palak
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