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common_man (NA)     19 July 2011

Money recovery Suit Judgment and Caveat

Hi,

I have question about the caveat. I won the judgment for a civil suit for money recovery. Out of 5 defendants, 1 defendant is challenging the judgment in higher court just to buy some time to pay the money. During the civil suit proceedings this defendant did no appeared for cross examination as well as he did not submitted any evidence to prove he is not liable to pay any money to me. I submitted all the bunch of evidences to prove he is liable to pay. Also I appeared in front of the judge for cross exam with his lawyer. Judge delivered the judgment in my favor. Other defendants did not appear in the court that’s whey judgment against them is ex-party.

Now this only defendants challenge this judgment. As per my lawyer, he is doing this to avoid and buy some time.

My lawyer is suggested that we will file the caveat so that before challenging to higher court, he need to deposit at least 50% of decreed value of the suit. In other word we are going to secure 50% of the money that needs to be recovered.

As matter of anxiety I am asking, does judge really agrees to the request that my lawyer put while submitting the caveat? What if this defendant denied to pay that amount and still want to challenge?

For the legal process I can show sufficient patience but for the just sake of time and negative attitude to pay the money back, if somebody delaying the processes then really feel bad and painful.

Thank you for the understanding in advance and thank you to my lawyer who did the presentation of my case well professionally.



Learning

 3 Replies

SACHIN AGARWAL (ADVOCATE)     24 July 2011

The caveat is filed for the purpose taht when any appeal is filed in any Higher Court, the party filing appeal sould not get the ex-parte interim order in his favour.

 

After filing appeal, the appellate Court would inform your Counsel about filing of the appeal and in taht case your advocate can appear before the Court and may argue the matter.

K. GOPALAKRISHNAN (ADVOCATE)     25 July 2011

I agree with Sachin Agarwal.  Normally, while the defendant is trying to seek remedy from the higher Courts, he has to deposit 50% of the suit amount into the Court account to proceed further and thereby we may secure 50% of the amount.

common_man (NA)     26 July 2011

Thank you Sachin-Sir and GOPALAKRISHNAN-Sir !

I hope judge should grant the request to deposit the money. Otherwise this process will go on and never ending.

Thank you.


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