how important lodging a caveat in higher court

deepak (Querist) 28 February 2010 This query is : Resolved
civil judge senior div. of district court gives order in favor of plaintiff for his share in property. is plaintiff require to file a caveat in high court? so that the high court Issue notice to plaintiff in the event of any suit/petition/application made by the respondent or any other who bought the suit property from the respondent while proceeding of the suit seeking any injunction/attachment/relief orders etc.

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Guest (Expert) 28 February 2010
why in High Court. Civil judge (SD) GIVES ORDER .... so the first appeal or revision as the case may be... be filed in concerning district court first.... so no caveat in high court... its too early.

Parveen Kr. Aggarwal (Expert) 28 February 2010
The purpose of lodging caveat is to get opportunity of hearing before passing of any interim/stay order by the appellate court on the application of the opposite party. In case the plaintiff is apprehending that the other party may obtain ex parte stay, he must lodge a caveat before the court to whom appeal lies. Otherwise, there is no necessity of lodging a caveat.

Devajyoti Barman (Expert) 28 February 2010
What sort of order it is? If it fulfills the requirement as stated by Mr Parveen then the court before which it could be filed would depend on the nature of order and the same can be filed either before the High Court or The District Judge.

Kiran Kumar (Expert) 01 March 2010
Parveen is absolutely correct....caveat provides u an opportunity of being provided with the copy of petition being filed and opportunity of being heard at the very first stage.

adv. rajeev ( rajoo ) (Expert) 01 March 2010
I agree with all.
If the jurisdiction lies with Dist., court then it is necessary to file caveat to avoid the ex-parte interrium order.
But it is not necessary to file a caveat in the High Court because if caveat is filed then case will be admitted and notice will be issued, if no caveat some time chances of dismissal of an appeal at the time of admission.

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