Gaurav (Student) 27 October 2013

Filing caveat

Dear Sir,

We had applied for a CMA against an interim injunction passed by a lower court and now order has been given in our favour vacating the Interim injunction. Do we need to file a caveat to prevent the opposing party to file appeal in higher court? what is the time limit to file a caveat?

Regards,

Gaurav

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4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 27 October 2013

Caveat is a two line application addressed to the registrar, filled in any of the High Court or Supreme Court of India mentioning the details of any matter which is instituted or expected to be instituted in a suit/appeal/proceeding before the said court where the applicant/caveator request that no order with regard to the said matter may be passed without giving notice to the applicant/caveator. The advantage of such application/caveat is to avoid any ex-parte order in any matter which the other party may try to get at the time of filling the matter in any of the courts. Not much a cost is involved in filling of caveat apart from the cost for sending the notice & copies of the petition/application and/or papers/documents in support of this petition/application of the matter against which this caveat was lodged to the caveator i.e. you & the professional fee of the advocate in filling this caveat which you will have to bear.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 27 October 2013

Mohammed Sajid Khan (Advocate) 27 October 2013

Can be instituted in any court, not only in HC or SC.

ashoksrivastava (scientist) 27 October 2013

Originally posted by : Gaurav

Dear Sir,

We had applied for a CMA against an interim injunction passed by a lower court and now order has been given in our favour vacating the Interim injunction. Do we need to file a caveat to prevent the opposing party to file appeal in higher court? what is the time limit to file a caveat?

Regards,

Gaurav

@ Gaurav caveat can be filed under sec148A CPC any time before the appeal is filed.

You

will only get intimation from court when appeal is filed.However caveat does not take away the right to appeal of opposite party.

"[108][148A. Right to lodge a caveat— (1) Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.

(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be, made, under sub-section (1).

(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.

(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator's expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.

(5) Where a caveat has been lodged under sub-section (1), such caveat shall not reman in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.]"

regards ASHOK