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Civil suit - caveat - how works

Sir,

Can you please clarify me how does a caveat works in this case.

i have won a final decree in a suit case in lower court in bhopal on our commerical property,ancestral property, against the long possession tenant. the oppostie party is looking to purse a appeal in high court. i am being suggsted to file a caveat. what benefit does a caveat give me other than just mere intimation of filing of the case by opposite party. will it reduce the appeal period and process time. does a mere filing of appeal (and yet to be numbered) gives the advantage for opposite party to state that the case is in court to prevent me from filing any execution petition or does the appeal has to be admiited and numbered.

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5 Replies

N.K.Assumi (Advocate) 06 January 2018

You can not prevent any one to appeal against any decree or orders of the court, as appeal is a creation of statues. Let appeal be filed first and you contest his appeal petition, no need for caveat.

R.Ramachandran (Advocate) 06 January 2018

Dear Nitin,

Filing Caveat will give you an opportunity to oppose the appeal at the admission stage itself by bringing in your points to the notice of the court. Or, by bringing in your point of view to the court, you may persuade the court from passing any interim orders in favour of the appellant. After all, it is for you to decide whether to file the caveat or not. (If anybody wants to save on the money payable to lawyer, one need not file caveat).

N.K.Assumi (Advocate) 06 January 2018

R.Ramachandran sir, do you mean caveat can be filed not only in original jurisdiction but in appellate jurisdiction? What about caveat by judgment debtor for attachment of movable property under Order XXI Rule 43?

Sycorax Juris 06 January 2018

Appeal proceedings can not be concluded on the basis of caveat.

Vijay Raj Mahajan (Advocate) 06 January 2018

The main purpose of filling Caveat is to prevent any ex-parte order of stay or injunction against the order/decree passed by the trail court that the appellant will pray at the High Court at the time of filling appeal or revision. The High Court will first issue notice to the defendent/respondent before taking up case file for hearing by the bench for admission.