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Caveat under Section 148-A of CPC

IN THE COURT OF DISTRICT & SESSION JUDGE, [[DISTRICT OR PLACE]].

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:

[[Name of the Plaintiff]] S/O or D/O or W/o [[Name of the Father/Husband/Guardian]],

aged about . . . . years,

R/O [[Complete address of the Plaintiff]].

Mobile: [[Mobile No. of the Plaintiff]].

Or

M/s ABC Pvt. Ltd.

A Company Incorporated Under the Companies Act, 2013

Having Its Registered Office At [[Address as per Registration]],

Through its Director, Shri……………………

. . . Plaintiff

Versus

[[Name of the Defendant/Respondent]] S/O or D/O or W/o [[Name of the Father/Husband/Guardian]],

aged about . . . . years,

R/O [[Complete address of the Defendant/Respondent]].

Mobile: [[Mobile No. of the Defendant/Respondent]].

Or

M/s XYZ Ltd.

A Company Incorporated Under The Companies Act, 2013

Having Its Registered Office At [[Address as per Registration]],

Through its Director, Shri…………………

. . . Respondent/Caveator

                                                     CAVEAT UNDER SECTION 148-A OF THE CODE OF CIVIL PROCEDURE,                                                                                                            1908 BY RESPONDENT/CAVEATOR

Most Respectfully Showeth:

  1. 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.
  2. 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.
  3. That the caveator has a right to appear and contest the Civil Misc. (Main) Petition if preferred by the plaintiff/would-be petitioner.
  4. 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.
  5. That a copy of this caveat has been sent by Regd. A/D post to the plaintiff/would be Petitioner.

PRAYER:

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.

Caveator

Delhi Through

Dated: Advocate

(Note: An affidavit of the caveator, duly attested by oath commissioner, in support of this

application is to be attached with to this application.)

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