Caveat Application(status of the Petitioner/Appellant)

Querist : Anonymous (Querist) 25 February 2010 This query is : Resolved
Dear Experts,
Please inform who will be the petitioner/Appellant in the caveat if the Applicant expects that appeal expected to be instituted by the Opposite Party who has lost the case in the CAT

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A V Vishal (Expert) 25 February 2010
Caveat is an application filed by a person in a particular court of civil nature against one or more legal persons, seeking to be heard before passing any ex-parte order against him in any proceedings that may be filed by the said persons against him in that court.

It is confusing why the opposite party who lost the case will file the caveat against you.

Raj Kumar Makkad (Expert) 25 February 2010
In this case the applicant shall be petitioner but he shall specifically mention the proposed title of the appeal.

Guest (Expert) 25 February 2010
o agree with mr vishal

Tribhuwan Pandey (Expert) 25 February 2010
In simple words, who got success (who win the case) files the caveat before appellate court and become (or have a title of) proposed respondent in caveat and who loss the case shall be titled as a proposed petitioner/appellant in the caveat. Because it is likelyhood the case loser may file a petition/appeal in the appellate court.

Swami Sadashiva Brahmendra Sar (Expert) 25 February 2010
In your caveat application you have to refer as proposed petitioners/ appellants all persons who were opponents before CAT/ lower court and about whom you apprehend that they may file a petition against the impugned order.

seshagiri Rao (Expert) 25 February 2010
In a caveat petition in the appellate court,if filed by the party who won the case in the CAT,the party who won the case will be the petitioner and the party who is aprehended to be filing the appeal against the impugned order,as appellant, will be the respondent in such caveat petition,thereby requiring such respondent in the caveat petition to give notice to the caveat petitioner before obtaining any exparte interim orders in such appeal

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