... Caveat

....................... CAVEAT.....................

                                      

- Caveat is a caution or warning given by a person to the court that the court should not pass any   ex-parte order  before giving prior notice or without hearing the person who can be called caveator.

- When a caveat has been lodged, the person by whom the caveat has been lodged shall serve a notice of the caveat by Registered Post,

- Where a caveat has been lodged any interim application is filed in any suit or proceeding the court shall serve a notice of application on caveator.

- A caveat shall remain in force till 90 days from the date on which it was lodged..

- Every caveat shall be signed by the caveator or his advocate and shall be in the From prescribed.

- Where caveator is represented by an Advocate his vakalatnama shall accompany the Caveat.

- If anAdvocate instructed by party may file caveat without vakalatnama and give undertaking to file vakalatnama within a week in prescribed form duly signed by the party.

- A notice U/S 148A of C.P.C.(i.e.notice of interim application ) may be served on the Caveator or His Advocate personally or by post.The notice send by post at the address furnished by caveator shall be deemed to sufficient service on him.

- Where it appears to the court that object of granting Ad - Interim relief on the application would be defeated by delay, it may record reasons for such opinion and grant Ad - Interim relief on the application of applicant till further order after giving the Caveator an opportunity of being heard.

= = Relevant Provision = = =

- Section 148A and Order 40A (XL-A) i.e.Bombay High Court Amendment of C.P.C.

= Relevant Judgement = =

- Mahadev Govind Gharge v/s Special Land Acquisition Officer A.I.R.2011 S.C.2439 = 2011(5) M.L.J.(S.C.)532  = 2011(4) All.M.R.858(S.C.)

.......please peruse all previous blogs and comment, give suggestion. Anybody can circulate all my blogs without my consent...