Chances of SLPbeing admitted are bleak
You should file caveat in SC
Hi - We have won our property dispute (suit for partition) in trial court (tis Hazari) as well as appeal in Delhi high court. We are defendants in the case, hence plaintiff has lost the appeal in Delhi high court. I just wanted to know if there is any chance that SLP may get admitted in supreme court, if yes should we file a caveat or not?
It's advisable to file caveat and to be on safer side. Chances of case getting admitted in supreme court are less unless they satisfy the court that it involves question of law which is to be decided by apex court.
1) Any how in SLP you will be receiving summons if other party go for SLP.
2) So why to file for caveat than, no need to go for caveat.
Filing caveat won't do any harm in your case and it would advise you to go ahead and file it.
But, SLPs are admitted in rarest of the rare cases, hence chances are meagre.
1. You can file caveats for proposed second appeal in high court as well as for proposed SLP to appeal in Supreme Court
2. Admission of appeal is subsequent stage
3. Before that the aggrieved party can obtain ad interim relief against you
4. So better file caveats so that you are notified 48hours in advance about a hearing for grant of urgent reliefs which may be moved by losing party
HI sir there is no harm in filing caveat in the Supreme court, you should defiantly file a caveat. i can help you in filing one.
Filing a Caveat is advisable, further the admission of SLP depends upon the substantial question of law the case involves.
1. Without knowing the case history and the orders passed therein it is very difficult to comment on merit of the SLP.
2. However considering that in all the courts below the party did not meet with success at all. there is every likelihood that SLP would not be admitted as well.
3. Moreover getting SLP admitted in most difficult task to do.
You cannot predict the mood and idea of the opponent, he may or may not prefer a SLP.
However to exercise abundant caution for not allowing the court to pass an exparte interim order against you, it would be better you file a caveat petition before supreme court in this regard.
Dear Client,
Admission of appeal depends on facts and merit of case, and judgement delivered, Mostly SC court is reluctant to reverse/interfere with concurrent finding of trail court and High Court.
Still can file caveat.
We normally don't know whether the SLP would be admitted or not. It depends the judge and the lawyer they are retaining and what kind of facts pleaded in the case. Certainly you should file Caveat if they wish to file SLP. You will be given hearing in case, court wants to admit the SLP. You can oppose the same.