Caveat Petition

The word Caveat is derived from the Latin term that means 'let him beware’ as a warning or caution. 

The formal notification by an interested party to a court, judge, or ministerial officer not to do an act till the party giving the notice has the opportunity to be heard. Whoever feels that the court may pass an order without hearing them in the matter, they may file a caveat to prevent this. Caveat has to be filed by Advocate on Record (AOR). 

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LEGAL BITS YOU SHOULD KNOW

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When is the Caveat filed?

 A caveat shall be filled in the higher court as early as possible from the pronouncement date of the judgment of the lower court, so the court gives the Caveator a fair hearing before deciding any matter brought before them in the relevant case.

In which court caveat can be filed?

A 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 

 

How to apply

 

How is it filed?

  1. A person to claim his right to appear before the Court on the hearing a petition may lodge a caveat in the matter, wherein such petition is to be lodged or already lodged.
  2. The Caveator after lodging his caveat shall give notice to the petitioner in case the petition is filed. 
  3. The Register shall serve a notice of lodging of the petition on the Caveator if the petition filed.
  4. Where a notice of any caveat has been served on the petitioner, he shall forthwith furnish the Caveator, at the caveator’s expense, with a copy of the petition and copies of any papers lodged by the petitioner in support of his petition.

 

Key Requirements

 

Application of Caveat must contain: 

 

  1. Index.
  2. Application to File Caveat Signed by Advocate on Record (AOR) Containing
  3. Cause Title and Case Number
  4. Name of The Court Appealed From
  5. Date of Impugned Judgment
  6. Designation of The Authority
  7. Particulars of The Order Etc.
  8. Court Fees (Applicable in civil matters)
  9. Vakalatnama and Memo of Appearance. 
  10. Meme of Parties.

Note: In the case of Caveator In Person

 

In Addition to The Above Documents, The Following Are Also Required:

1. Interlocutory Permission to Appear and Argue In-Person Supported By Affidavit And Application For Requisite Court Fees (1+3)

2. Copy of Valid Identity Proof

 

Essential Particulars of Filing a Caveat

 

  1. The Name of the Court where the Caveat is to be filed.
  2. The Suit / Petition / Appeal No. if it exists.
  3. Caveator's Name (Person making the Caveat)
  4. Brief Details of Suit / Appeal likely to be filed.
  5. Name(s) of possible Plaintiff(s) / Appellant(s)

When caveat has been lodged, it shall in force for ninety days from the date of lodgement unless the petition has been made before the expiry of the said period.

The caveat shall be presented at the caveat counter. The dealing assistant shall enter the caveat in special application software customized for caveat matching. He shall enter the details of the Court appealed from in the computer and lock the e-Court fee.

If the main case has already been filed, the dealing Assistant shall generate and issue caveat notice as also enter ‘IN’ code. Where the main case is filed subsequently, the computer software would alert the Assistant about the subsistence of a caveat. In such a

 case, ‘IN’ code shall be entered in the computer barring automatic listing and caveat notice shall be issued.

 

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