Caveat

Perumal Prabhu (Querist) 04 December 2009 This query is : Resolved
One of our party filed a suit and got ex-parte stay. In this stage can we file caveat? please clarify.

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kranthi kiran (Expert) 04 December 2009
caveat needs to be filed well before the institution of the suit. If caveat is pending, court is bound to issue notice to the caveator, before issuing any exparte order. In the instant case as the order is already passed, you are required to file counter and get the stay order vacated. At this point of time, there is no meaning in filing the caveat.