Caveat
prem kumar
(Querist) 20 February 2015
This query is : Resolved
Sir
My opponents got order in favour of them in the high court. I am going to file an appeal in the Supreme court. I came to know that they filed a caveat in the Supreme court. How can I check on net weather they filed it or not
Devajyoti Barman
(Expert) 21 February 2015
If they have filed caveat then you are bound to receive notice of it.If not then you can rest assured.
Adv. Sagar R. Jadhav
(Expert) 21 February 2015
You would have received caveat copy if they would have filed it.
Rajendra K Goyal
(Expert) 21 February 2015
File your appeal in time. Meanwhile if CAVEAT filed, you would get notice.
alexander
(Expert) 21 February 2015
Sec 148A(2) states thathe person who lodges a caveat in the Court" 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
Sec 148A(3) Where, after a caveat has been lodged, any application is filed in any suit or proceeding, the court shall serve a copy 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 the copies of any paper or document which has been, or may be,filed by him in support of the application
Caveat normally stays in force for a period of 90 days from the date of its lodgement
SO, As advised by other experts:
YOU SHOULD NOT DELAY YOUR APPEAL ON ACCOUNT OF LODGEMENT OR NON LODGEMENT OF A CAVEAT
ALEXANDER
(nom de plume)
Guest
(Expert) 21 February 2015
Why worried about caveat and what is the hitch in filing an appeal with reference to the caveat, if any, made by the opposite party?
Caveat does not bind you from filing an appeal, even if you are unable to know whether they filed caveat or not. Your obligation to serve copy of appeal would rest only after receipt of notice from the caveator.
Dr J C Vashista
(Expert) 22 February 2015
Very well advised by experts, I agree. The very basic purpose/aim of filing of caveat is to inter alia that "let the appeal/case be taken up only after proper notice of the caveator." The caveat petition has to be notified to the non-caveator in advance.
Just file your appeal within limitation and as per SC Rules, you will be required to get it endorsed from the registry with "caveat filed by so and so".
T. Kalaiselvan, Advocate
(Expert) 22 February 2015
I agree to the views of experts, you should not be bothered about the caveat to prefer the proposed appeal, this has got nothing to do with the appeal.
R.K Nanda
(Expert) 25 February 2015
u will get notice of caveat from court.
