Can an appeal is accepted, when a caveat is already there ?

LODGING OF CAVEAT

1. Any person, claiming a right to appear before the Court on the hearing of an application which is expected to be made or has been made in a suit, appeal, revision or any proceeding instituted or about to be instituted in a Court to which the Code applies, may lodge a Caveat in the Court. The Caveat shall be in the form prescribed in Appendix Dl. The Caveat shall be accompanied by- ,.

(a) as many copies of the notice of Caveat as will be required to be served on the applicant or applicants;

(b) the Court-fees prescribed for the Caveat; and

(c) the fees prescribed for service of such notice of Caveat.

2. Every Court shall maintain a Register called the Register of Caveats containing the following particulars, namely:-

(1) Serial Number.

(2) Date of presentation of Caveat.

(3) Date upto which the Caveat will remain in force.

(4) Name and address of Caveator. >

(5) Address for service of the Caveator within the jurisdiction of the Courtj

(6) Name and address of the Pleader, if any, for the Caveator.

(7) The number of the proceeding, if any, on the file of the Court in which the Caveat is tiled.

(8) The number of the proceeding in the Lower Court against which further proceedings are taken or contemplated to be taken in the Appellate or Revisional Court (This will not apply to the Court of first instance).

(9) Name and address of the applicant or petitioner or the expected applicant or petitioner.

(10) Date of service on the applicant or petitioner or expected applicant or petitioner by the Caveator.

(11) Signature of the Caveator or his Pleader, if any.

3. As soon as a person lodges a Caveat as provided in rule 1 above, an entry shall be made in the Register of Caveats in the presence of the Caveator himself or his pleader, who shall sign the register aforesaid.

4. When a person makes an application for any interlocutory orders in a suit, appeal, revision or any other proceeding, he shall look into the Register of Caveats and make an endorcement in the application as to whether or not a Caveat has been entered with respect to his application as verified from the Register of Caveats.

5. As soon as the Caveator lodges a Caveat, he shall forthwith serve notice of the Caveat by registered post acknowledgement due on the person by whom the application has been made or is expected to be made, and file proof of such service.

6. Where after a Caveat has been lodged, any application is filed in a suit, appeal, revision or any other proceeding, the Court shall serve a notice of the application on the Pleader for the Caveator, if any, or on the Caveator in the manner provided for service on defendant, respondent or opposite party, of summons to appear. All provisions applicable to such summons shall apply to the service of such notice:

Provided that at the time when an application comes up for hearing, the Caveator or his Pleader takes notice, it shall not be necessary for the Court to serve a notice on the Caveator.

Sifybird

Appeal can be accepted and admitted when caveat is already there.  Only relief cannot be granted to the appealent without hearing the caveator.

caveat means beware. so appeal will be numbered and notice will be ordered to the caveators' counsel but no interim order will be passed in your absence.

regards

sridher

Vishalji,

"Where after a Caveat has been lodged, any application is filed in a suit, appeal, revision or any other proceeding, the Court shall serve a notice of the application on the Pleader for the Caveator.."

Sridharji,

"...so appeal will be numbered and notice will be ordered to the caveators' counsel "

Despite a caveat is already there, no notice is being served though 3 months ago the appeal is filed (numbered). Is this allowed ? Or they may be waiting for the caveat period 90 days to be over, so that they can arrange for listing in their choice court. Why caveat is not allowed for lifetime for a  case ? Where is this rule and section no.?

Appeal can be filed & will be numbered it, the purpose of filing caveate that not to heard the any proceeding  without issuing notice to the caveator. Inshort no ad interim order can be passed aginst caveator ex-parte  But  in some cases(urgent) court can passed ad interim order without issuing notice to caveator.

//Despite a caveat is already there, no notice is being served though 3 months ago the appeal is filed (numbered). Is this allowed ? Or they may be waiting for the caveat period 90 days to be over, so that they can arrange for listing in their choice court. Why caveat is not allowed for lifetime for a  case ? Where is this rule and section no.?//

Caveat is not filed against the appeal. Caveat has relevance only in case of petition/application filed along with appeal seeking any interim order. Hence no prior notice will be served, if there is no petition for interim order, even though appeal is numbered.

In any case, you will be given notice in appeal after the admission of the appeal.

Appeal can be accepted and admitted when caveat is already there.  Only relief cannot be granted to the appealent without hearing the caveator.

Caveat is meant only for giving  notice when urgent relief is sought for. It has nothing to do with the filing of appeal or nuymbering the same.

There are cases where inspite of notice caourt can given the relief asked for inspite of the fact that caveat is pending.