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Mayur Wankhade   15 October 2021

Caveat

If any party file caveat infront of SDO & after that SDO can pass Ex parte order.


 8 Replies

Badal Dayal Advocate (Advocate)     15 October 2021

Greetings of the day!!

I don't understand what SDO meant for. However, it is to clarify that Caveat is defined under Sec 148 A of CPC. If such SDO is governed by Civil Procedure Code then definitely, such court would not proceed exparte without serving advance notice upon the Caveator. But if Caveator will not appear despite of service then court can proceed and pass exparte order.

Mayur Wankhade   15 October 2021

SDO means subdivisional officer
in one case caveator file caveat but sdo pass exparte order without serving any notice or any intimation.
Look like SDO breach Caveat procedure

Pradipta Nath (Advocate)     15 October 2021

SDO under CPC only limited to affidavit. It usually comes under the purview of CrPC.

Mayur Wankhade   15 October 2021

But sdo breach his jurisdiction so what can I do now

Dr J C Vashista (Lawyer)     16 October 2021

Caveat can not be entertained by SDO 

Pradipta Nath (Advocate)     16 October 2021

That means, you have not posted complete fact to get consideration in this platform! In what context SDO is excercising his ultra vires jurisdiction? What are the facts? What makes you think that the jurisdiction is exceeded his jurisdiction?

P. Venu (Advocate)     16 October 2021

Yes, post the complete facts as well the context for approaching the SDO.

Aks   18 October 2021

Simple meaning of Caveat is that someone wants the court to inform him/her before passing an ex parte  court order in he matter at hand.

Caveat is filed usually  when someone objects to Will but the person will have to give in writing to court why he/she think the Will is not genuine. Then, a trial happens and that matter is decided after the trial by the judge.


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