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Aditya (student)     12 August 2011

Caveat is against anyone or a specific person?

Respected Sirs,

 

I have filed a caveat in a court in a issue.


In the caveat i have written the name of my neighbour who i expect will ask for a stay as the expected person to file in a court.

My question is will my caveat stand even if his wife,son,family file in court?or also if a pil is lodged by a third party?


does the cavat tand on the issue?or against the person in particular?

 

thank you very much



Learning

 10 Replies

LLB.ACS Gourav Khatri (COMPANY SECRETARY)     12 August 2011

Section 148A of the Civil Procedure Code, 1908, lays down the Rights to lodge a caveat.

This Section is futuristic and suggests that if there is a possibility of filing of an application in a suit or proceedings or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof. It is required to serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be, made. The Court shall serve a notice of the application on the Caveator. The Caveat shall remain in force for 90 days.

 

LLB.ACS Gourav Khatri (COMPANY SECRETARY)     12 August 2011

This section stands for caveat proceedings. If you filed caveat petition before the court mean, without notice to you, the court will not allow any stay or interim orders against you in the subject matter for next 3 months.

Aditya (student)     12 August 2011

Yes BUT what if another third party OTHER than the person i have mentioned in the expected party file for a stay on the same issue?will i still be informed

LLB.ACS Gourav Khatri (COMPANY SECRETARY)     12 August 2011

Upon a bare reading of Sub-section (3) of Section 148A of the Civil Procedure Code; you will observe that the court shall inform only to the Caveator and it nowhere guarantees the rights as regards to other and the other party may proceed for stay.

Aditya (student)     12 August 2011

i think my question is not clear

I have filed caveat on a person.Can his wife take stay?

LLB.ACS Gourav Khatri (COMPANY SECRETARY)     12 August 2011

no

R.M.Bhaduri (Lawyer)     12 August 2011

Caveat is filed against a proceeding (inclusion of past, present or future) and against particular persons and by can be filed by the person who can show his vested interest or better say has locus standi, his wife, children,etc.has no locus standi to file caveat. Another thing is court shall not proceed until & unless being informed to the caveator or the caveat is being discharged.

kvss.prabhakar rao (Advocate )     13 August 2011

No the caveat shoud file inpurticular the who going to file suit and obtain interim order in your absence  and his wife files suit agisnt you the the prior caveat is not applicable. You may file another caveat if necessary or you join one or more respondents in your caveat at first instance if necessary 

Aditya (student)     13 August 2011

So i will have to attatch name of wife son? ???


Please help me..

 

Will my caveat work against wife son even ig i have not attached thir names?

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     22 August 2011

If only principles of natural justice is applied, it suggests that if a caveat is obtained on a particular line of action, then it holds for that irrespective of who (husband, wife, son-1, son-2, ...... daughter-1, daugter-2,,,,,,, mother/father/in-law, brother/sister/in-law, 1,2,3,,,,,,,,, etc). If that logic that one has to take a caveat against each contemplated individual is taken into account, one would have to first call in a sleuth to find out the family tree!!!!

 

I think, India should at least now start a change, a change to natural justice instead of going by rule book. Rule book is a must. It is the epicentre, but then natural justice, natural way of communicating in court rooms, court documents, orders etc should be practiced.


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