Anonymous
Asked August 30, 2016

Potential clash of Caveat petition with Injunction

  • 1 Answer
  • 1205 Views

We have taken caveat petition & constructing house in our own land,&finished first slab .the opponents filled a case to redistribute property &meanwhile appled for emergencystop on houseconstruction. Could the court proceed the emergency stop order on houseconstruction ? Caveat petition is still active &we are constructing the 2nd floor.....please suggest on how to avoid emergency stop order on houseconstruction..

Answer 1

Answer framed by Arnab Ray, Lawfarm:

 

Dear Sir/Madam,

 

A caveat petition is something which is filed by a party when there is an apprehension that some case can be filed against them in the court of law by some other party. Section 148A of the Civil Procedure Code, 1908 deals with caveat petitions. The term ‘caveat’ is defined as caution or warning that some case might be filed against them in the court and that the court should not grant any relief to the opposite party without consulting or hearing the caveator.

 

S. 148A(2) of CPC should be considered here. It says that the Caveator should send a written notice to the party against whom the petition is filed. The validity of the petition is ninety days. If you have complied with such rules, your petition is valid.

 

The main purpose of a caveat petition is that if and when a case is filed against the Caveator, the Court should notify him and give him the chance to present his version of the case. It imposes a restriction on the other party so that they cannot take on the Caveator by surprise. After the Caveator is notified, he has to appear before the court. The Court can give whatever judgment they deem fit after hearing both the parties. In this case, if the court feels that an injunction order is justified, they have every right to pass that order and nothing can be done about it.

 

Therefore the only way to stop the injunction order is to argue in such a manner so as to convince the court not to pass an injunction order.

Agree Comment 0 Agrees about 4 years ago

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