CAVEAT UNDER SECTION 148-A OF CPC
IN THE HIGH COURT OF DELHI AT NEW DELHI CAVEAT NO. /2017
(ARISING OUT OF THE JUDGMENT AND ORDER DATED ……… IN SUIT NO. ……… TITLED AS ABC v. XYZ PASSED BY SH. , CIVIL JUDGE, DISTRICT, DELHI)
In the matter of:
CAVEAT UNDER SECTION 148-A OF THE CODE OF CIVIL PROCEDURE, 1908 BY RESPONDENT/CAVEATOR.
Most Respectfully Showeth:
- That Sh………. , Civil Judge, District, Delhi has passed order against appellants in Civil Suit No……… titled as ABC v. XYZ on ……………, whereby application for amendment U/O VI Rule 17 CPC filed by plaintiff/would be petitioner, was dismissed.
- That the caveator is expecting that the plaintiff/would-be petitioner may file a Civil Misc. (Main) Petition under Article 227 of Constitution of India against said order in this Hon’ble Court as such this caveat is being filed.
- That the caveator has a right to appear and contest the Civil Misc. (Main) Petition if preferred by the plaintiff/would-be petitioner.
- That the caveator desires that he may be given the notice of the filing of the Civil Misc. (Main) Petition as and when the same is filed by the plaintiff/would-be petitioner, to enable caveator to appear at the time of hearing for admission and no stay may be granted without hearing the caveator/respondent.
- That a copy of this caveat has been sent by Regd. A/D post to the plaintiff/would be Petitioner.
It is, therefore, most respectfully prayed that nothing may be done in Civil Misc. that may be filed by the petitioner without notice to the caveator or his counsel.
(Note: An affidavit of the caveator, duly attested by oath commissioner, in support of this application is to be attached with to this application.)