Commmon passage

Partha (Querist) 07 January 2015 This query is : Resolved
Dear Sir,
i owned one civil case which is related to
one common passage.
Court order mentioned that other party can go
for appeal in higher court with in 90 days.
now we filed a caviat so that we get notice if other party do the appeal.
now today we went to howrah civil court and found other party filed an appeal on nov end.
now question is that why we are not informed as caviat was there.
And what are the next steps in this activity.
Please guide mee...

Regards,
Partha

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B K Raghavendra Rao (Expert) 07 January 2015
Drafting of your caveat need to be looked into. If it is correct, then we need to see what the court has done in the first hearing: whether notice to caveator is ordered or not. If not, then immediately you need to make an application to the court bringing the facts to its notice.

Partha (Querist) 08 January 2015
Dear sir,

Thanks for your reply.

So as now the other party has already filed
the appeal , so what is the next steps.Can court change the judgement ?

Regards
Partha

B K Raghavendra Rao (Expert) 08 January 2015
The objective of a caveat is that the court should not pass any orders unless it hears from you in the matter. In this context, if you file an application before the court stating that you had filed a caveat in the matter, then court shall take cognisance of your right and shall not pass any interim order like stay order for the judgement without hearing your objections.

Dr J C Vashista (Expert) 08 January 2015
I agree with expert Sh. B K Raghavendra Rao, the Court is bound to proceed only after issuance of notice to caveator, if the same has been filed properly and well within limitation, check with your lawyer and get the judicial file inspected to know the factual position.