Can a appeal can be filed when.

pratik (Querist) 22 August 2010 This query is : Resolved
1) Can a appeal can be filed when a cavet emptor is filed ? WHich section says ?

2) When this question was put, the court officials said "yes, an appeal can be accepted and given a number, but you will be informed only when it comes before the bench.". What do u mean by when it comes before the bench.also the word bench means ?

3)Appeal can be accepted and admitted when caveat is already there. Only relief cannot be granted to the appealent without hearing the caveator.Which section says that the relief can't be granted ?

4) Also i have heard the letter patent appeal is now override by the CPC which sections say that it has been overrided & now letter patent appeal is not applicable all over the india ?

Thanks In Adavnce.

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Guest (Expert) 22 August 2010
IN CASE CAVET IS FILED BY THE PERSON IN WHOSE FAVOR THE JUDGEMENT IS PASSED.THEN THE PERSON FILING APPEAL AGAINST THE SAID JUDGEMENT CAN FILE THE APPEAL AND HAS TO MENTION THE FACT THAT HE HAS RECEIVED NOTICE OF CAVET.THEN COURT WILL ISSUE NOTICE TO THE RESPONDENT AND AFTER HEARING BOTH SIDES WILL PASS ORDER.
IN CASE OF CAVET NO EXPARTE ORDER IS PASSED WITHOUT HEARING THE PERSON WHO HAS FILED CAVET.

STILL SEVERAL LPA ARE PENDING PLEASE NOTE.

s.subramanian (Expert) 22 August 2010
yes. I agree with Mr.nandkumar.

Rajeev kulshreshtha (Expert) 23 August 2010
YES, Mr. Nandkumar is right.

Satyendra Kumar Pandey (Expert) 25 August 2010
Yes, I am agree with Rajeev and S. Subramanian but there exist some rulings which shows that if the caveator is not cooperate with the court or not traceable then the court can pass any order after hearing appellant, and this is done only after giving notice to the counsel of caveator, and he is fail to inform respondent.

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