APCRPCO Section 298 : Withdrawal of Caveat
Act
Summary
Section 298 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, addresses the withdrawal of a caveat. It allows the party who entered the caveat, or their advocate, to withdraw it through an interlocutory application supported by an affidavit. This section outlines the procedural requirements for retracting a caveat, ensuring proper legal documentation and representation.
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Explanation using Example
Example 1: Withdrawal of a Caveat by the Party
Introduction: Rajesh, a property owner in Andhra Pradesh, has filed a caveat in the local civil court to ensure he is notified before any orders are passed in a potential property dispute with his neighbor. However, after resolving the issue amicably, Rajesh decides to withdraw the caveat.
Application: According to Section 298 of The Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Rajesh can withdraw the caveat by submitting an interlocutory application supported by an affidavit. This application must clearly state his intention to withdraw and be filed with the court.
Outcome: Upon submission, the court processes the withdrawal, and Rajesh is no longer entitled to receive notifications regarding the dispute. If he fails to follow the correct procedure, the caveat remains active, potentially causing unnecessary legal complications.
Conclusion: By complying with the procedural requirements, Rajesh successfully withdraws the caveat, avoiding further legal obligations related to the dispute.
Example 2: Withdrawal of a Caveat by an Advocate
Introduction: Priya, an advocate representing a client in a civil matter, has entered a caveat on behalf of her client to ensure they are notified before any court orders are issued. Later, the client decides to withdraw the caveat due to a ch...
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