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ravindra (Analyst)     13 July 2012

Caveat - please urgent

Can a Caveat be filled in lower court (Civil) during hearing of civil suit ? Or is it filled only at HC ?
Thanks
Ravindra Sonavane



Learning

 6 Replies

Jayakanthan (advocate)     13 July 2012

yes u can file caveat in lower courts..if the opposite party moving the emergent means you can offer vakalat

ravindra (Analyst)     13 July 2012

hi Jayakanthan thanks

Plz explain what is vakalat? if court is planning to disposing case without hearing me then wht should i do?

thanks

ravindra sonavane

R.K Nanda (Advocate)     14 July 2012

File caveat in lower court so that a notice is sent to you if any case is filed against you by OP.

Jayakanthan (advocate)     14 July 2012

Mr.Ravindra no court will decide anything without hearing the otherside..if any suit filed against you means you must file vakalat through an advocate..that means yourself engaging that advocate to contest the suit against yourself. 

surjit singh (Assistant)     15 July 2012

It appears that we are mixing two things right to caveat as per section 148-A CPC, is a petition praying for giving opportunity, I repeat giving opportunity of being heard before passing any order or interim order..

 On the other hand filing of vakalatnama is another thing, it is an authority to a person having a licence to plead in your behalf. It is not that if you file a caveat and you are bound to engage an advocate. If you are capable to plead your case with whatever legal knowledge is required in your case you can do it yourself.

A caveat can be filed before any court where the proceeding is done as per the rules and procedure of Code of civil procedure, The foremost difference between filing of caveat and filing of vakalatnama is, caveat is filed before the aggreaved party approaches the court whereas vakalatnama is filed after the aggreeved party has approached the court..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 July 2012

There is no law against that.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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