Munirathnam (Scientist) 13 July 2010

can caveat filed before court pass order

Hi,

Filing the caveat for the order passed by the court before court passed the order is valid in law?

Say court passed order on 01/06/2010 whereas party filed Caveat on 02/05/2010 i.e., one month prior to the order passed by the court . Here opposite party anticipated the court order.

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5 Replies

Adv Archana Deshmukh (Practicing Advocate) 13 July 2010

No. Caveat is to be filed before the filing of the suit/application by the other party, so that the court'll issue notice and hear the caveator before passing any order. If the opp. party is having the knowledge of the pending suit then, what is the need to file the caveat? just go and appear in the court directly.

Munirathnam (Scientist) 13 July 2010

Dear Archana Madam,

There is some misuderstanding the issue.

My friends wife filed Caveat in High Court saying that my friend (husband) may appeal the family court order passed by the family court (in fact court has not passed any order by the time wife filed the Caveat in High Court) in the divorce case running between the wife and husband.

Means Caveat is filed for the order which is not existing. Can caveat is filed for the expected orders?

Does Caveat application needed the court order copy to attach to teh Caveat application?

N.K.Assumi (Advocate) 13 July 2010

In Law Caveat means a formal notice filed by an interested party with a court or officer, requesting the postponement of a proceeding until the filer is heard. Informal meaning of Caveat means to qualify with a warning or clarification: For Example the spokesperson caveated the statement with a reminder that certain facts were still unknown. Like, the main caveat is that marriage has been very common between the same tribes etc.In the query there is nothing wrong with the caveator filing caveat on May and the Court passed order on June, so the question is whether the Caveator was heard before the order was passed? For details see section 148 of the CPC.

S Umesh Rao (propreitor) 30 January 2013

Sir,

my question to the experts is

i am the plaintiff in a partition suit at bangalore.

i had received a caveat from my defandants in the working days. i filled my suit during vacation in the vacation district court and got an Interim orders for not to allienate the property. my question is whether caveat filled by the defandants in the normal senior civil judge court at nelmangala hamper my interim orders taken at Vacation district court . i belive aseperate caveat had to be filled in the vacation District judge court. may the experts please clarify my stand.

S Umesh RAo