Filing caveat
Amit
(Querist) 24 July 2012
This query is : Resolved
Hi,
I had filed an RTI to get passport details of my spouse. The issue went up to CIC which gave a decision in my favor. CIC also gave a deadline to passport office to furnish the details but just before the deadline, passsport office CC'ed a letter in which it asked Ministry of External Affairs to file a case in Delhi High Court.
Since then I did not receive any further communication.
What am I supposed to do now?
I heard that I can file a caveat in DHC. How will this help? What exactly is a caveat?
Can MEA get a stay order in DHC w/o noticing me?
Please guide me.
Thanks
ajay sethi
(Expert) 24 July 2012
Caveat is a Latin expression which means "let him or her beware".
Caveat is a formal notification to a court or court officer not to take certain steps till the notifier is heard.
Section 148-A of Code of Civil Procedure empowers a person to lodge a caveat.
you will be heard before passing of orders.
R.K Nanda
(Expert) 24 July 2012
Yes, u can file caveat in HC.
Amit
(Querist) 25 July 2012
Thanks.
How do I file a caveat? I am not from Delhi.
Can it be filed online? Do I need to be present for filing it?
V R SHROFF
(Expert) 25 July 2012
Yes, u can file caveat in HC.
you will be heard first before , before passing orders like Injunction/ stay order etc. contact local adv to do needful
Nadeem Qureshi
(Expert) 26 July 2012
nothing left to add
148A. Right to lodge a caveat.
1[148A. Right to lodge a caveat.
(1) Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be, made, under sub-section (1).
(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.
(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator's expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.]
