i want to file petition to know if any person filed a petition against me
varinder
(Querist) 02 April 2011
This query is : Resolved
let me know can i file a notice of petition in the court under which section of cpc that i had filed an case which been decreed by the lower court and i want to file a notice for petition in the court for the reason that if the opposition file an appeal against my decree so that i may know that the opposition had filed an appeal against my decree kindly guide me also send me sample of drafting of petition.
Devajyoti Barman
(Expert) 02 April 2011
Yes, it is called CAVEAT which is filed u/s 148A CPC. Engage an advocate top do this job.
Rajaraman.A.K
(Expert) 10 April 2011
Yes. as said by DevaJyoti you can file a caveat petition under section 148 - A of Civil Procedure Code.
By way of filing caveat before the proposed appellate court, you must be informed prior in time before they moving appeal. So any ex-parte stay or injunction could be positively avoided.
Just filing a caveat, you cannot cool your heals, on the date of hearing somebody should represent your case and plead on which ground appeal in not maintanable. So it is better to engage a lawyer in the appellate court.