IN THE HIGH COURT OF DELHI AT NEW DELHI
CAVEAT NO.________ /20__
(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:
XYZ
S/o _______________,
R/o ________________________.
… Petitioner
Versus
ABC
S/o _______________,
R/o ________________________.
… Respondent/Caveator
CAVEAT UNDER SECTION 148-A OF THE CODE OF CIVIL PROCEDURE, 1908
Most Respectfully Showeth:
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That Sh. _____________________, Civil Judge, _____________ District, Delhi, has passed an order against the appellant in Civil Suit No. ________ titled as “ABC v. XYZ” on ____________, whereby the application for amendment under Order VI Rule 17 of the Code of Civil Procedure, 1908, filed by the plaintiff/would-be petitioner, was dismissed.
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That the caveator anticipates that the plaintiff/would-be petitioner may file a Civil Miscellaneous (Main) Petition under Article 227 of the Constitution of India against the said order in this Hon’ble Court. Accordingly, this caveat is being filed to safeguard the caveator’s rights.
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That the caveator has a vested right to appear and contest the Civil Miscellaneous (Main) Petition, if and when it is filed by the plaintiff/would-be petitioner, in the interests of justice and equity.
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That the caveator respectfully requests that notice of the filing of any such Civil Miscellaneous (Main) Petition be provided to the caveator before any proceedings or orders are passed therein, particularly to allow the caveator to present submissions at the stage of admission.
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That it is further prayed that no interim relief or stay may be granted in favor of the petitioner without providing a fair opportunity of hearing to the caveator/respondent.
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That as per the requirements of law, a copy of this caveat has been duly sent to the plaintiff/would-be petitioner via Registered Post with Acknowledgment Due.
PRAYER
In view of the above, it is most respectfully prayed that:
a) No orders or proceedings in the anticipated Civil Miscellaneous (Main) Petition may be taken up by this Hon’ble Court without prior notice to the caveator or his counsel.
b) Any other order that this Hon’ble Court may deem fit and proper in the interest of justice be passed.
And for this act of kindness, the caveator, as in duty bound, shall ever pray.
Filed by:
Caveator, Delhi
Through Counsel
Dated: _____________
Advocate for the Caveator
(Encl: Affidavit duly attested by Oath Commissioner in support of the Caveat Application)
