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"K Wit" Explanation and Solution Required
17-May-2023 (In Property Law)
Hello Sir,nnFirstly I would like to know what is the meaning of "K Wit"?nnSecondly, can K Wit be used to stop a Stay Order or Appeal in High Court against an Order Decree passed by Endowment Tribunal?nnIf "K wit" can be used to stop Stay Order or Appeal in High Court, what are the remedies available to successfully obtain Stay Order or Appeal in High Court?nnThank you Sir.
hi caveat is filed to give notice to other side before the appelate or high court before passing any orders or not to pass exparte orders and tiu could file appeal against order passed by endowment tribunal
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Adv. Baddam Aravind Reddy
Secunderabad | 500+ Answers
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Section 148-A inserted through the Amendment act, 1976 allows a person to lodge a caveat in a suit or proceeding instituted or about to be instituted against the person lodging caveat.
If an application is expected to be made or has been made, in a suit or proceeding instituted or about to be instituted, the person who has a right to appear before the Court on the hearing of such application may lodge a caveat.
The foremost purpose is to safeguard the interest of a person against the order that can be passed on an application filed by a party in a suit or proceeding instituted or about to be instituted. The person lodging the caveat may not be a necessary party to the application instituted/which may be instituted. But the order which may be passed on such application may affect the caveator. Therefore Section 148-A provides an opportunity to the caveator to be heard, before he is placed ex-parte.
In addition to this, it also prevents multiplicity of proceedings. In the absences of the provision, the person has to resort to appropriate legal remedy if he is aggrieved by the order. A provision was found in the Supreme Court Rules, 1966. On this footing the Law commission recommended the insertion of Section 148-A.
If an application is expected to be made or has been made, in a suit or proceeding instituted or about to be instituted, the person who has a right to appear before the Court on the hearing of such application may lodge a caveat.
The foremost purpose is to safeguard the interest of a person against the order that can be passed on an application filed by a party in a suit or proceeding instituted or about to be instituted. The person lodging the caveat may not be a necessary party to the application instituted/which may be instituted. But the order which may be passed on such application may affect the caveator. Therefore Section 148-A provides an opportunity to the caveator to be heard, before he is placed ex-parte.
In addition to this, it also prevents multiplicity of proceedings. In the absences of the provision, the person has to resort to appropriate legal remedy if he is aggrieved by the order. A provision was found in the Supreme Court Rules, 1966. On this footing the Law commission recommended the insertion of Section 148-A.
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Adv. A Murali Mohan
Chittoor | 100+ Answers
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