The right to lodge caveat would no longer be available with respect to writ petitions which are filed before the Bombay High Court under Article 226. .This change was introduced by way of amendments to Bombay High Court Original Side Rules and Bombay High Court Appellate Side Rules of 1960. .The amendments were notified in Maharashtra gazette on May 12. The amendment stated as follows:"The provisions of Section 148-A of the Code of Civil Procedure shall not be applicable to the Writ Petition filed under Article 226 of the Constitution of India."Section 148-A of the Code of Civil Procedure pertains to the right to lodge a caveat.The provision states that where an application is expected to be made or has been made, in any proceeding instituted or about to be instituted in a Court any person claiming to have a right to appear before the Court for hearing of such application can lodge such caveat.This provision no longer applies after the amendment. An amendment was also made to rules relating to service of copy of writ petitions and documents upon the respondents before hearing on the petition for interim orders. This amendment was made to the Bombay High Court Appellate Side Rules alone since the Original Side Rules already have such a provision. By way of this amendment, a new provision, Rule 18A was inserted in the Appellate Side Rules. Rule 18A reads as follows: "Where the petitioner desires to obtain interim orders (whether by way of injunction or stay or in any other manner), a copy of such petition including all documents shall be furnished to the party against whom such petition is filed or proposed to be filed."Notice of moving the court for interim order also has to be given and the affidavit of service of such notice needs to be submitted to the Court. .[Read Notification]
The right to lodge caveat would no longer be available with respect to writ petitions which are filed before the Bombay High Court under Article 226. .This change was introduced by way of amendments to Bombay High Court Original Side Rules and Bombay High Court Appellate Side Rules of 1960. .The amendments were notified in Maharashtra gazette on May 12. The amendment stated as follows:"The provisions of Section 148-A of the Code of Civil Procedure shall not be applicable to the Writ Petition filed under Article 226 of the Constitution of India."Section 148-A of the Code of Civil Procedure pertains to the right to lodge a caveat.The provision states that where an application is expected to be made or has been made, in any proceeding instituted or about to be instituted in a Court any person claiming to have a right to appear before the Court for hearing of such application can lodge such caveat.This provision no longer applies after the amendment. An amendment was also made to rules relating to service of copy of writ petitions and documents upon the respondents before hearing on the petition for interim orders. This amendment was made to the Bombay High Court Appellate Side Rules alone since the Original Side Rules already have such a provision. By way of this amendment, a new provision, Rule 18A was inserted in the Appellate Side Rules. Rule 18A reads as follows: "Where the petitioner desires to obtain interim orders (whether by way of injunction or stay or in any other manner), a copy of such petition including all documents shall be furnished to the party against whom such petition is filed or proposed to be filed."Notice of moving the court for interim order also has to be given and the affidavit of service of such notice needs to be submitted to the Court. .[Read Notification]
