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Where should we file a Caveat?


15-Dec-2023 (In Property Law)

in a civil settlement deed revision petition has been awarded in our favour. now can the opposite party file for revision in HC or can he file an appeal in the SC. can a caveat be filed Online? and where should we file it in HC or SC?

Answers (3)

Answer #1
593 votes
Yes a caveat can be filed in hc and sc under the 148a cpc, A caveat is applicable for a period of 90 days from date of filing therefore if you apprehend an appeal hc or sc file caveat in proper court.

Answer #2
803 votes
Yes they have every right to approach to Apex court. Caveat is an application filed by a legal person in a particular court of civil nature against one or more legal persons, seeking to be heard before passing any ex-parte order against him in any proceedings that may be filed by the said persons against him in that court.The caveat is live for 90 days from the date of filing.One has the caveat Application properly drafted and file it in the court, or engage the services to do the same. The notice of Caveat along with a copy of the caveat Application shall need to be sent to each person against whom the caveat has been filed.In case the other side files any case against one in the civil court, the court shall not grant any ex-parte order but issue him an urgent notice to appear before the court and reply. However, in such case, one has to be prepared to file his reply at a very short notice, and be also fully prepared to immediately argue the matter in the court.
Answer #3
512 votes
Depends upon which court adjudicated the revision. You need to tell us which court has decided the revision petition. The orders passed in revision petition are not further appealable/ revisable generally. In case yout revision has been adjudicated by High Court, caveat would lie before Supreme Court.

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