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NeedHelp (I)     24 July 2017

What's use of caveat in family court matters in high court?

Does high court pass any exparty order when appeal is made by loosing party ?


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 6 Replies

G.L.N. Prasad (Retired employee.)     25 July 2017

There was a well laid down procedure, stages and process for proceedings in HC.

They may ratify the action of lower court, through speaking order, and all this takes many years and after complying the main formality of serving summons only.  Your Advocate in lower court can throw more light on the issue.

If it is concerning obtaining of stay, the defendants in that appeal may file petition for vacating such stay.  In those cases, the advocates of the winning party advises their clients to obtain Caveat.

 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     25 July 2017

If the respondent does not appear after receiving  notice, the HC can pass ex-party orders/judgments.

P. Venu (Advocate)     25 July 2017

Filing a caveat in Superior Courts do not serve any purpose execpt in exceptional circumstances.

NeedHelp (I)     25 July 2017

P.venu:- this is in high court.

NeedHelp (I)     25 July 2017

P.venu:- this is in high court.

Adv Radhika Mehta (Advocate)     26 July 2017

A party who has filed a caveat has to be served by the other side before approaching the Court for any reliefs.  

At the most, the High Court may stay the order and admit the appeal once it is satisfied that the other side has not appeared, despite recieving notice.  


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