Pendency of Caveat
P.S.Subbaraman
(Querist) 16 August 2009
This query is : Resolved
Suppose if the client does not disclose the pendency of the Caveat and an injunction is ordered, without the counsel knowing it . What is the effect of the Injunction order?
R.R. KRISHNAA
(Expert) 16 August 2009
The other party will bring to the notice of the court the presence of caveat with an application for vacating the injunction. If the court finds that your client has suppressed the presence of caveat, then the court may vacate the injunction order immediately. The court may also impose severe costs on your client. Please advise your client accordingly.
senthilkumar
(Expert) 17 August 2009
Generallyitsnotpossibletohidethepending of caveat . usuallythe court office willcheckup whether there is any caveat is pending,only after verification it will endorse that there is no caveat is pending and then only the petition for injunctionwill benumbered.as such the matter of hiding caveat will not arise.If due to oversight if it was failed totakenoteofthe caveatis pending ,the respondentwillbring it tothe noticeof court and court will immediately vacatetheinjunction order.
