What is Caveat?Whoever apprehends that the court may pass an order behind his back in a matter may file caveat, to prevent this. Caveat has to be filed by Advocate on Record. in case of Supreme Court of India, except in cases of In person filing.
How To File Caveat in Supreme Court?To File your Caveat in Supreme Court Simply contact us at 9650499965 or drop a email at: [email protected] stating that you require Caveat to be filed, we will respond within 12 hours.
Benefits of Filing Caveat:
- Filing caveat ensures the caveator protection throughout legal processes. When a Caeat is filed it ensures the caveator is well-equipped to combat the opponent’s suit or processes.
- Any Order Passed Without Notifying A Caveator Is Void
- Ex-Parte Orders Cannot Be Passed Against The Caveator.
- Filing Caveat Saves Money While Simultaneously Improving Accessibility To The Courts
- Once A Caveat Is Filed, The Caveator Is Kept Informed About The Procedures Until They Are Completed.
- If The Opposition Files For Temporary Relief, The Court Will Not Grant
Ex-Parte Interim Injunction Without First Hearing The Caveator.
When is Caveat Filed?A Caveat should be filed in the higher Court as early as possible from the date of Pronouncement of Judgment of the lower court, so that the Court gives the Caveator a fair hearing before deciding any matter brought before it in the relevant case.
What are the Documents required to file a Caveat?The caveat Application should Contain:
2. Application To File Caveat Signed By Advocate on Record (AOR) Containing
- Cause Title And Case Number
- Name of The Court Appealed From
- Date of Impugned Judgment
- Designation of The Authority
- Particulars of The Order Etc.
3. Court Fees (Applicable In Civil Matters)
4. Vakalatnama And Memo of Appearance
5. Memo of PartiesIn case of Caveator In Person
In Addition To The Above Documents, The Following Are Also Required:
- Interlocutory Permission To Appear And Argue In Person Supported By Affidavit And Application For Requisite Court Fees (1+3)
- Copy of Valid Identity Proof
Essential Particulars of Filing a Caveat:
- The Name of the Court where the Caveat is to be filed.
- The Suit / Petition / Appeal No. if it exists.
- Caveator's Name (Person making the Caveat)
- Brief Details of Suit / Appeal likely to be filed.
- Name(s) of possible Plaintiff(s) / Appellant(s)
In which court caveat can be filed?Caveat is an application filed by a legal person in a particular court of civil nature against one or more legal persons, seeking to be heard before passing any ex-parte order against him in any proceedings that may be filed by the said persons against him in that court. The caveat is live for 90 days from the date of .
What is Caveat filing?A Caveat is a Notice given by a person, informing the Court that another person may file a suit or application against him and that the Court must give the Caveator (person filing the Caveat) a fair hearing before deciding any matter brought before it in the relevant case.
Yes they have every right to approach to Apex court. Caveat is an application filed by a legal person in a particular court of civil nature against one or more legal persons, seeking to be heard before passing any ex-parte order against him in any proceedings that may be filed by the said persons against him in that court. The caveat is live for 90 days from the date of filing. One has the caveat Application properly drafted and file it in the court, or engage the services to do the same.
The notice of Caveat along with a copy of the caveat Application shall need to be sent to each person against whom the caveat has been filed. In case the other side files any case against one in the civil court, the court shall not grant any ex-parte order but issue him an urgent notice to appear before the court and reply. However, in such case, one has to be prepared to file his reply at a very short notice, and be also fully prepared to immediately argue the matter in the court.
What is the meaning of caveat in legal terms?An admonition, caution, or warning. A formal notice or warning given by a party to a judge or other court officer concerning his or her behavior and requesting a suspension of the proceeding until the merits of the notice or warning are determined.
If I wish and intend to be heard before passing of any order against me then I must digest a rule that requires me to serve a copy of my petition upon my opponent. After all a court is to do justice to either side of a litigation.
Non-party To A Suit can also File CaveatFiling Caveat Petition Before The Hon'ble Supreme Court Of India By A Non Party To The Proceedings In High Court
The Hon'ble Supreme court in its order dated 28.6.2021 in SLP (C) No. 12158 OF 2020 has clarified the position of caveators not party to the proceedings in High Court . A portion of Para 12 of the said order reads as under:
“…They have argued before me on the point of impleadment on the basis of having filed caveat application. But while as caveators they have the right of being notified of the lodging of the SLPs in terms of Clause 2 of Order XV of the Supreme Court Rules, 2013, mere filing of caveat application cannot grant them an entry into a Petition for Special Leave to Appeal.
Filing of Caveat by itself does not entitle them to be treated as a party to the proceeding. I accordingly grant them leave to apply for being impleaded before the appropriate Bench of this Court. Questions were raised before me on legitimacy of such an Association...
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