Mere lodging of caveat does not deprive the court of its power to deliver orders or judgments. It is introduced with an object that under court proceedings certain matters shall not be heard, action may not be taken, judgment or order may not be passed or issued without the hearing the person who has filed the notice of caveat. Accordingly, Section 148A has been inserted by the Amendment Act of 1976. Likes: 23 Points: 9580. The right to appear before a court proceeding through the application of caveat must be done by a person, who moves the application for interim relief. (4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator expense, with a copy of the application made by him and also with copies of any paper or document which has been, or maybe, filed by him in support of the application. The caveat presented shouldl be registered in a caveat register maintained by the courts in the form of a petition or any other forms that may be prescribed. The court is also required to provide sufficient and reasonable time to the caveator to appear or oppose the applicant filed. Earl Jowitt Dictionary of English Law (1977) Vol 1, 2. , a caveat petition was filed by the appellants apprehending an injunction order by the respondent. According to Section 148A, when people apprehend that some case against them is filed or is about to be filled in any court of law in any manner, they have a right to lodge a caveat. We try our level best to avoid any misinformation or abusive content.
format of caveat petition On 15 August 2008 6 Replies Report. The application of caveat can be filed in a suit or a proceeding.
In case of uncertainty, no notice is served and the court may at its discretion, dispense with the service of notice of caveat and permit caveat application without naming the respondent. 5000/- Stipend to New... What is Article 370?
Nirmal Chandra v. Girindra Narayan, AIR 1978 Cal 492, 3. 2. Clause(4) of the section (CPC) , directs the applicant to provide a copy of the application made by him along with any other important document or paper that may have been fled by him in support of his application to the caveator. Are Fundamental Rights Available Against State? Support the caveat petition with an affidavit and in both the petition the caveator should sign; Apart from this, a vakalatnama, impugned order (if any), and proof of service of notice of caveat is also to be submitted to the Court. A caveat petition is a precautionary measure which is undertaken by people usually when they are having a very strong apprehension that some case is going to be filed in the Court regarding their interest in any manner.
However, a caveat petition cannot be lodged by a person who is a total stranger to the case and the same principle was laid down in Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma.
The Latin term “Caveat” means, “let a person beware” which was originated in the middle of 16th century. When a caveator anticipates some of the legal proceedings to be filed against him in the near future, he can file a petition which is known as caveat in any Civil court of original jurisdiction, High courts, Supreme court and appealant courts. A caveat petition is a precautionary measure which is undertaken by people usually when they are having a very strong apprehension that some case is going to be filed in the Court regarding their interest in any manner. However, in case of Nirmal Chand v.Girindra Narayan, the Court had defined the word Caveat, wherein it said, A Caveat is a caution or warning given by a person to the Court not to take any action or grant relief to the other side without giving notice to the caveator and without affording an opportunity of hearing him.
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