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
Pradipta Nath (Advocate) 15 October 2021
SDO under CPC only limited to affidavit. It usually comes under the purview of CrPC.
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.