Format for caveat to be filed in supreme court
Guest
(Querist) 31 October 2015
This query is : Resolved
I am anticipating opposite party Post office to file SLP in Supreme court against dismissal of their RP with NCDRC Delhi.
Online filing of caveat is still under construction on supreme court website
Hence can I have cop[y of format for filing caveat or a link is given so I can prepare and personally file this with registrar of supreme court ? Is there any fee to be paid for this?
Anirudh
(Expert) 01 November 2015
Nobody can file anything in the Supreme Court in person.
It can be filed only through the Advocate on Record.
Therefore please get in touch with some AOR.
Guest
(Querist) 01 November 2015
Mr Anirudh please don't make irresponsible comments as expert. can you quote me page no section/rule no of supreme court where such thing is written? The procedure and rule book of supreme court is open on my computer right now. Rather Court says a person can present his case personally or through an advocate on record. No wherein world any law can be made that restricts a litigant from presenting his case himself. Of course no third person can do . I am WAITING FOR YOU TO QUOTE THE RULE/LAW that you mentioned.Otherwise apologize to LCI readers.I only asked experts to refer to me format on caveat and not if I can file it or not.Time has come for some advocates to change their attitude and stop taking litigants for novices and for granted. Today a litigant has access to entire courts cause lists, case laws and procedures. More and more questions will be asked by litigants to their advocates. Read my another article on marketing of legal services.
Guest
(Querist) 01 November 2015
http://www.lawyersclubindia.com/articles/Marketing-of-legal-services-Emerging-challenges-and-opportunities-6872.asp#.VjWbh7crLEY
Anirudh
(Expert) 01 November 2015
Dear Dr. Rajendra,
I could not get from your original post that it was your intention to file as a party-in-person. That made all the difference. Hope this explains.
Guest
(Querist) 01 November 2015
My question is still open. Format for caveat application for supreme court. They have not prescribed any form.Can I get some link to download or make a format acceptable to court
Guest
(Expert) 01 November 2015
Simply Type" Legalnetdraft Caveat application" in website
Guest
(Expert) 01 November 2015
Please modify it for Supreme Court of India and Parte in Person
R.K Nanda
(Expert) 01 November 2015
search google for format.
Rajendra K Goyal
(Expert) 01 November 2015
You may refer / search, may prove useful to you:
http://delhihighcourt.nic.in/writereaddata/upload/Downloads/DownloadFile_KUD67PSJ.PDF
http://delhihighcourt.nic.in/Downloads.asp?currentPage=2
https://terminatorak.wordpress.com/category/application-formats/caveat-petition-format/
Guest
(Querist) 01 November 2015
I guess purpose of caveat is to prevevnt court passing ex parte one sided interim orders like stay or admitting plaint.Why caveator has to send a copy to prospective petitioner? There appears no logic in doing that. Rather petitioner will have to send copy of his application to caveat-or before the case can be taken up for any type o hearing.in format given on last link given by Goyal shaeb there is one clause to send caveat copy to opposite party that I am unable to apprehend. There is no such line in link related Delhi high court format.
prabhakar singh
(Expert) 01 November 2015
If I wish and intend to be heard before passing of any order against me then I must digest a rule that requires me to serve a copy of my petition upon my opponent.After all a court is to do justice to either side of a litigation.
Guest
(Querist) 01 November 2015
Right. But sir, caveat is exactly for that purpose which you said. How one can send to opposite party who has not even filed the petition and opne does not know if they will at all.Only apprehension is there that he may suffer some ex parte order against his interest if court is not alerted in advance to hear the caveator also. That is why caveat is filed.
In various formats on Internet different contents are given. Why Indian judiciary does not have consolidated and uniform format book if they are so particular about procedures rather than justice.
My questions have arisen just because I am not able to lay hand on supreme court approved format. Secondly all formats on line have different style and contents.
Kindly refer me to a link for format used in the supreme court,if possible, so i can simply follow it. Otherwise I will visit tomorrow supreme court and get things clarified from registry section.
Guest
(Querist) 01 November 2015
Okay I am now reproducing a format prepared by me based on online formats and largely guided by Delhi high court format:
Kindly advise if okay or make changes if necessary .Thanks
-----------------------------------------
CAVEAT
IN THE SUPREME COURT OF INDIA
NEW DELHI
Appellate Civil Jurisdiction
Caveat No.____________ of 2015
In the matter of a Special Leave Petition (SLP) expected to be instituted against Dismissal Order of National Consumer Disputes Redressal Commission (NCDRC): -------------------------------------------
Chief Postmaster General Rajasthan Petitioner (s)
Versus
-------------------------- Respondent
To
The Registrar
Supreme Court of India
New Delhi
Pray that No Stay Order against order No -----------------------------------------------------------------------------------------------------------------------------------------------------------------be kindly made without notice to and hearing the undersigned.
Name & address of the Caveator: --------------------------------------
Current Address for Notice: --------------------------------------------------
Filed on: -------------------------
prabhakar singh
(Expert) 01 November 2015
I would file caveat when I apprehend or doubt that person(s) so and so may file a case like a suit, appeal or revision against me.
IT WOULD BE THE ONLY SUIT STAGE AT WHICH IT WOULD BE MY APPREHENSION ABOUT THE NAME OF PLAINTIFF.ON ALL OTHER STAGES, I WOULD BE KNOWING MY OPPONENT, HENCE I DO NOT FEEL ILLOGICAL OR HARSH ON A CAVEATOR ON THE PART OF LAID RULE TO ASK HIM TO SERVE A COPY ON HIS OPPONENT.
prabhakar singh
(Expert) 01 November 2015
You can file Caveat Petition in SC as Petitioner-in-Person, the Following may be noted:
IN THE SUPREME COURT OF INDIA
CIVIL/CRIMINAL APPELLATE JURISDICTION
CAVEAT APPLICATION NO. /2015
SHRI ____________
Aged_____Years,
Occupation:
ADDRESS: .....…The Caveator
V/s
Shri...... XYZ ....... Respondents
CAVEAT APPLICATION
MAY IT PLEASE THE HON’BLE COURT:
1. Pray that no Ex-parte order be passed in any Case/Application/Application for injunction/any order/s to be instituted by the Respondent above-named in this Hon\'ble Court against Caveator arising out of (furnish details of High Court Order,(NCDRC etc.) without due notice of the proposed Application/Appeal to the Caveator above-named.
2. The address of the Caveator for service of notice/summons of the proposed application/appeal of the Respondent above named is as per the title clause of this application.
3. The Caveator undertakes to serve a copy of this application by Registered Post A.D. to the Respondent above-named.
Filed in the Court On ....., 2015
PLACE:
CAVEATOR
prabhakar singh
(Expert) 01 November 2015
Drafts can never be uniform for a lot of reasons.
Format, although we speak regularly but except for title there can not be a format.
Guest
(Querist) 01 November 2015
Thanks Prabhakar sir. I will follow this format and procedure given herein.
prabhakar singh
(Expert) 01 November 2015
Thank you too for your article which is interesting indeed and may take people to think in new dimensions.
Guest
(Expert) 01 November 2015
I have No Words to say But the "Lion is Back"
Guest
(Expert) 01 November 2015
Welcome back Mr Prabhakar singh Ji
Guest
(Querist) 02 November 2015
I am pleased to inform that I had meanwhile written to Registrar Supreme court of India and I have received a prompt reply from there by email as to how to file caveat. I need not even go there. But they are asking to put 500/ court fee for caveat.
Can I buy any stamp(e-stamp) available in any courts in India or a specific stamp is required from supreme court only? I guess it should be any stamp since people from out side Delhi too file caveats.
Can expert help in this doubt please?
What type of stamp and from where can I by to fix on caveat application
Thanks
