Can a Caveat be filled in lower court (Civil) during hearing of civil suit ? Or is it filled only at HC ?
Thanks
Ravindra Sonavane
ravindra (Analyst) 13 July 2012
Can a Caveat be filled in lower court (Civil) during hearing of civil suit ? Or is it filled only at HC ?
Thanks
Ravindra Sonavane
Jayakanthan (advocate) 13 July 2012
yes u can file caveat in lower courts..if the opposite party moving the emergent means you can offer vakalat
ravindra (Analyst) 13 July 2012
hi Jayakanthan thanks
Plz explain what is vakalat? if court is planning to disposing case without hearing me then wht should i do?
thanks
ravindra sonavane
R.K Nanda (Advocate) 14 July 2012
File caveat in lower court so that a notice is sent to you if any case is filed against you by OP.
Jayakanthan (advocate) 14 July 2012
Mr.Ravindra no court will decide anything without hearing the otherside..if any suit filed against you means you must file vakalat through an advocate..that means yourself engaging that advocate to contest the suit against yourself.
surjit singh (Assistant) 15 July 2012
It appears that we are mixing two things right to caveat as per section 148-A CPC, is a petition praying for giving opportunity, I repeat giving opportunity of being heard before passing any order or interim order..
On the other hand filing of vakalatnama is another thing, it is an authority to a person having a licence to plead in your behalf. It is not that if you file a caveat and you are bound to engage an advocate. If you are capable to plead your case with whatever legal knowledge is required in your case you can do it yourself.
A caveat can be filed before any court where the proceeding is done as per the rules and procedure of Code of civil procedure, The foremost difference between filing of caveat and filing of vakalatnama is, caveat is filed before the aggreaved party approaches the court whereas vakalatnama is filed after the aggreeved party has approached the court..
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 15 July 2012
There is no law against that.