Ex parte case and Caveat...
tdeli
(Querist) 15 November 2010
This query is : Resolved
Hello...
What are the methods to save guard one from Ex parte orders -
Is caveat an answer to the same ...
Is caveat against one or one set of persons whom one apprehends a case will be filed which will lead to ex parte order ...
Does one needs to give information to the person against whom you file the caveat ...
If my questions are not correct kindly explain me whats a caveat ...
Thanks ...
R.Ramachandran
(Expert) 15 November 2010
Dear Tdeli,
You are right.
In cases where one apprehends any suits, appeals etc., [not in writ petitions, but certainly in appeals arising out of the writ petitions] to avoid ex-parte order one can file the Caveat. Copy of the Caveat can be served on the possible opposite parties also under acknowledgement. Once the parties receive such Caveat intimation, if they file the suits or appeals then they have to keep you informed by serving a copy of their suit / appeal to you; in fact they have also to give a certificate in their plaint / appeals that they have received a caveat intimation and a copy of the plaint / appeal had been duly given to you before filing the same.
In supreme Court, it is enough if you file the caveat in the Registry. The Registry will always check up for the availability of Caveat and put your Lawyer's name also in the cause list against the particular case.
Kirti Kar Tripathi
(Expert) 15 November 2010
agree with remark that in some high courts even in writ, the caveat is permissible.
Devajyoti Barman
(Expert) 16 November 2010
Yo did not mention n what sort of cases you are apprehending ex parte order as in civil cases only there is a option of caveat but in quasi criminal cases there is no such system.
G. ARAVINTHAN
(Expert) 16 November 2010
how can you file caveat expecting the party to file suit and value the suit?
R.Ramachandran
(Expert) 16 November 2010
Only those who expect with certainty of a suit being filed against them can file the Caveat. It is not impossible for a party to anticipate a suit against self.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 November 2010
But now in most of the cases coveat has only historical importance since normally no court passes any order before hearing the other side;
Even in pending cases a fresh notice is issued before passing exparte order.
Murali Krishna
(Expert) 16 November 2010
Mr.Ramachandran rightly explained about caveat.
I would like to add a little to it. Under S.148-A CPC, a caveat shall remain in force for a period of ninety days from the date on which it was lodged.
tdeli
(Querist) 16 November 2010
The apprehension is regarding a bonafide case in matter of Rent Control for which the apprehension is that the place on rent is at times not opened for days and we might miss or might have missed by now some legal notices regarding the case and might have an ex parte order ...
Is there some other method for sucha safe guard as our postal letters dont reach us...
Uma parameswaran
(Expert) 17 November 2010
You can check before the Court and at the same time you can inform the Post man in your area .
