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Pritam Gupta (Teacher)     04 October 2018

How to file motion to dismiss caveats

I am the plaintiff of a contested suit for Letters of Administration. The caveators/objectors filed an application for rejection of the suit under Order 7 Rule 11 CPC. Apart from objecting to the said application I also want to file a petition/application for rejecting the caveats of the defendants under various grounds. Now the question is:

a) Should I file an application under Order 14 Rule 2 for rejection of caveats as a preliminary issue?

b) OR is there any other way?


 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 October 2018

the party lodging the caveat should be heard before passing any ex parte interim order.(iii) By way of practice, caveats are being accepted, entertained in...almost all quasi judicial and even administrative proceedings and as a matter of fact, as transparency in the proceedings, the parties lodgingcaveat are heard before ad interim order is passed...

Pritam Gupta (Teacher)     05 October 2018

No issue about caveats being heard. Don't want an ex parte decree either.The instant case is about caveats related to letters of administration.

My question is under which provision of law can I file a petition for adjudication for dismissal of caveats at a preliminary stage i.e. before a full fledged trial.

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