What is the advantage of filing a CAVEAT ?

Question

I expect a judgement in my favour in a tribunal . some people are advising me to file a caveat(in the High Court) to avoid a stay on the judgement . Is this correct ,and what will be the cost involved?

Answer 1

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.

Answer 2

Caveat Legal Meaning

Answer 3

A caveat is filed u/s 148-A CPC. It is a prayer to the court not to pass any order without first hearing the applicant. It is to avoid passing of ex parte order and it remains in place for 90 days.

You have been adviced correctly, so file the caveat in the High Court to avoid a stay on the order of the tribunal.

Answer 4

Hi All,

I am planning for a commercial construction at ur site but the person whose site is next to me has requested for a resurvey at Local Panchayat office stating the survey is not done properly.

Hence the resurvey has been requested by Panchayat.

But i have a strong feeling that the surveyor can be bribed to get the measurements done to favour the other party.

So can i file a caveat now in the court even before the survey stating a general request that no order to be passed without hearing us.

Answer 5

A judgement was passed in my favour from Dist Court, Punjab . some people are advising me to file a caveat(in the High Court) to avoid a stay on the judgement . Is this correct ,and what will be the cost involved?

Answer 6

What Is A Caveat

Answer 7

section 148A of CPC. Right to lodge a caveat.
148A. Right to lodge a caveat.

1[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 remain 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.

Answer 8

Caveat obviates the risk of ex parte judgement

Answer 9

This is correct. I do not know the cost.

Answer 10

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