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

• Index
• Application to File Caveat: Signed by an Advocate on Record (AOR) containing:
1. Cause title and case number
2. Name of the court appealed from
3. Date of impugned judgment
4. Designation of the authority
5. Particulars of the order
• Court Fees (applicable in civil matters)
• Vakalatnama and Memo of Appearance
• Memo of Parties
• For Caveators Appearing in Person:
1. Interlocutory permission to appear and argue in person
2. Affidavit and application for requisite court fees
3. 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.

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 Hon’ble 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.

Legal 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.

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.

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