Caveat Petition: Meaning, Benefits & Filing Process
What Is a Caveat?
A caveat is a legal notice filed by a person who apprehends that a court may pass an order without hearing them. By filing a caveat, the person ensures that no order is passed without prior notice. In the Supreme Court of India, a caveat must be filed by an advocate on record, except in cases of in-person filing.
How To File a Caveat In The Supreme Court?
To file a caveat in the Supreme Court, simply contact us at 9650499965 or email us at [email protected]. Mention that you require a caveat to be filed, and we will respond within 12 hours.
Benefits Of Filing a Caveat
- Ensures the caveator is notified before any order is passed.
- Prevents ex parte orders against the caveator.
- Any order passed without notifying the caveator is considered void.
- Reduces litigation costs by avoiding unnecessary legal proceedings.
- Keeps the caveator informed about case proceedings.
- The court will not grant an ex parte interim injunction without first hearing the caveator.
When Should a Caveat Be Filed?
A caveat should be filed as soon as possible after the pronouncement of a lower court’s judgment to ensure that the caveator gets a fair hearing before any further orders are passed.
Documents Required To File a Caveat
| Document | Description |
|---|---|
| Index | List of documents submitted |
| Application To File Caveat | Signed by an Advocate on Record (AOR) containing cause title, case number, court details, date of judgment, designation of authority and particulars of order |
| Court Fees | Applicable in civil matters |
| Vakalatnama And Memo Of Appearance | Authorization to represent the caveator |
| Memo Of Parties | Details of parties involved |
For Caveators Appearing In Person:
- Interlocutory permission to appear and argue in person
- Affidavit and application for requisite court fees
- Copy of valid identity proof
Essential Particulars For Filing a Caveat
- Name of the court where the caveat is to be filed.
- Suit, petition, or appeal number (if available).
- Caveator’s name (person filing the caveat).
- Brief details of the expected suit or appeal.
- Name(s) of possible plaintiff(s) or appellant(s).
Where Can a Caveat Be Filed?
A caveat can be filed in a civil court by a person who anticipates legal action against them. It ensures that no ex-parte orders are passed without giving the caveator a fair opportunity to be heard. The caveat remains valid for 90 days from the date of filing. Consumer court information
Understanding Caveat Filing
A caveat is a legal notice informing the court that another party may file a suit or application against the caveator. This ensures the court provides the caveator an opportunity to present their case before passing any orders.
Can a Non-Party to a Suit File a Caveat?
Yes, a non-party can file a caveat in the Supreme Court of India. The Honorable Supreme Court, in its order dated 28.06.2021 in SLP (C) No. 12158 of 2020, clarified that while a caveator has the right to be notified about the lodging of an SLP, merely filing a caveat does not entitle them to be treated as a party to the proceedings.
Statutory Provision & Definition Of Caveat
In legal terms, a caveat is a formal notice given by a person to a court requesting that no order be passed without hearing them. It serves as a caution or warning to prevent unilateral legal actions.
Statutory Provision (Section 148A CPC)
The right to lodge a caveat in civil proceedings is provided under Section 148A of the Code of Civil Procedure, 1908. Under sub-section (1), any person who claims a right to appear before a court—in a suit or proceeding instituted or about to be instituted—may lodge a caveat. Sub-sections (2) to (4) set out the duties of the caveator, court, and applicant. Sub-section (5) provides that the caveat shall not remain in force after 90 days unless the application has been made within that period. Laws in India
Contact For Caveat Filing
If you anticipate legal proceedings against you, filing a caveat ensures that your side is heard before any order is passed. Contact us at 9650499965 or email us at [email protected] to file your caveat today.
Caveat Filing In Supreme Court
Follow the procedure below to file your caveat:
- Email at [email protected].
- To send you the procedure, we will than respond with the procedure.
- no.Comply with our Given procedure than within hrs we will register it and email you the registration No.
- Which you can then verify on the official Supreme Court website.
- Still have a Question to ask? Whatsapp at 9650499965.
