Format of Caveat PDF

Format of Caveat PDF – The caveat in CPC Civil Procedure Code is an intimation given by a party to a court not to take any action, or to grant any relief to the applicant without notice to the party lodging the Caveat.

A caveat is lodged before the court’s officer as a precautionary measure so that no order can be passed ex-pare against the person lodging the Caveat.

Format of Caveat PDF

The object of Caveat in CPC: Civil Procedure Code

Caveat is file to protect the interest of Caveator so he should get an opportunity of hearing and placing his case and placing his case before the Court, in respect of any application on which the Court may pass the order in his absence, had the caveat not been filed.

Therefore, The Caveat application is expected to be made in a suit proceeding instituted in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a Caveat

Right to lodge a caveat – Section 148 A of Civil Procedure Code

Important concept of Caveat

i)Caveator-
Caveator is the person who lodges the caveat.

ii)Caveatee-
Caveatee is the person against whom caveat is lodged.

iii) Duration of Caveat-
A caveat remains in force for ninety days from the date of its filling.

iv) Who may lodge Caveat-
A person who might be adversely affected by the action of the opposite party, and against whom the court may order ex-parte, may lodge a caveat.

v) Why file a Caveat-
There are multiple reasons for filing a Caveat, some of which include:

1. To prevent any ad interim order or injunction being passed without his appearance to defend his case.
2. To place on record his intention to participate in the proceedings.

vi)Procedure-
a) The Caveator shall serve a notice to the Caveatee of the caveat application by registered post.
b) The Caveator should attach the order of Subordinate Court or Postal receipt.\

FORMAT OF CAVEAT APPLICATION U/S. 148-A OF C.P.C.

IN THE COURT OF DISTRICT JUDGE ____ AT ______

Caveat Application No.__________/_____

• MR. _____________________________

           Age : ____years, Occ. : _____________

           R/at-__________________     

                                                      …CAVEATOR

                        V/s.

          MR. ____________________________

           Age : _____years,  Occ. : _____________

R/at- ___________________________

                                                                                                           …   CAVEATEE

CAVEAT APPLICATION U/S. 148-A OF C.P.C.

The Caveat application on behalf of Caveator respectfully submits as under:

1. Caveator had filed Special Civil Suit No.________ before Ld. Civil Judge, Senior Division _________ against these Caveators for Specific Performance which was dismissed on __/__/____.
2. The Caveatee is likely to file civil appeal in this Honorable Court against the above orders passed against him and is further likely to seek ex-parte ad-interim order or stay/injunction in such appeal against the Caveator. If any such ex-parte order is passed against the Caveator, thhe will suffer irreparable loss and hardship. Hence it is necessary in the interest of justice to serve prior notice of any such interim application to Caveator herein. Caveator undertake to send copy of this application to Caveatee by R.P.A.D.
3. Hence it is prayed that:
4. Prior notice of any interim application filed in any appeal that may be filed by the Caveatee against Caveator in this Hon’ble Court may pleased be sent to Caveator before passing any such order in such application.
5. Any other order in the interest of justice may please be passed.

       Place :

      Date:__/__/___                                               

       Advocate for Caveator

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