How to file Caveats before Calcutta High Court

See Calcutta  High Court Appellate Side rules

Rules regarding caveats

81. Every caveat intended to be lodged under section 148A of the Code of Civil Procedure, 1908, shall be drawn up in the manner prescribed in Form 35 (Civil) (Appendix I) and filed in the Central Filing Section of the appellate side of this court.

82. Every caveat under section 148A shall be accompanied by a postal receipt in proof of despatch of notice of the caveat by speed post or registered post with acknowledgement due to the person by whom the application has been or is expected to be made in respect of which the caveat is being lodged under sub – section (1) of section 148A:

Provided that in a case where caveat is lodged in a pending proceeding instituted through an advocate the caveator shall also annex to his caveat a receipt showing service of such Caveat upon the said learned advocate.

83. (i) Every caveat shall contain the following particulars:

(a) name and full postal address of the person lodging caveat;

(b) name of the applicant in respect of whose application the caveat is intended to be lodged and the full postal address of such applicant;

(c) the court by which the decree or order referred to in the caveat was passed together with the number and the year of the suit or proceeding in which the decree or order was passed;

(d) particulars of the proceeding of the High Court, in case the caveat is being lodged in a pending proceeding with reference to which the caveat is being lodged;

(e) value of the suit or proceeding; and

(f) a statement that the notice of the caveat had been served on the person by whom the application in respect of which the caveat is being lodged has been or is expected to be made.

(ii) Every caveat shall bear requisite court – fee stamp.

(iii) Every caveat shall be signed and dated either by the person lodging the caveat or his advocate.

(iv) When a caveat is being lodged through an advocate a vakalatnama executed by the caveator and accepted by the said advocate shall be annexed to the caveat and such a vakalatnama will remain in force for the purpose of appearance on behalf of the caveator in the proceeding instituted and in all matters arising therefrom or connected therewith.

84. When a caveat is not in proper form or is otherwise defective, the court may allow the defect to be removed within such time as the court may direct.

85. (i) All caveats in respect of applications expected to be made in any proceeding to be instituted shall be entered in the appropriate register to be maintained and the said register shall contain the following particulars:

(a) serial number;

(b) date;

(c) name of caveator with address;

(d) the name of the applicant with address;

(e) number and nature of the proceeding to be instituted;

(f) valuation of the proceeding;

(g) number and year of the suit or other proceeding in which the order or decree had been passed and with relation to which the application is expected to be made;

(h) the court which passed that decree or order; and

(i) all caveats in respect of applications made or expected to be made in any proceeding pending shall forthwith to be incorporated in the records of that proceeding and the fact of the lodging of such caveat shall be recorded in the order – sheet under the date and signature of the superintendent of that department dealing with the said proceeding.

86. Notwithstanding anything contained in any other rules –

(i) every application other than those specified in Rule 7 hereunder shall be filed in the Central Filing Section of the appellate side of this court and the said application shall contain a statement whether the applicant had been served with the notice of the caveat or not and if so, whether the applicant had furnished the caveator with a copy of the application and also with copies of any paper or document which have been or may be filed in support of the application;

(ii) on receipt of such an application the office shall with reference to the register of caveats or the order – sheet in case of pending proceedings, forthwith make an endorsement thereon as to whether any caveat had been lodged in respect of such an application and unless otherwise directed by the court shall serve notice thereof by registered post at the cost of the caveator; provided that where the caveat had been lodged through an advocate such service may be effected through the advocate;

(iii) subject to any direction by the court, every application in respect of which a caveat has been lodged shall be placed in the Daily Cause List for hearing not before the expiry of 7 days from the date of the issue of the registered notice under clause (ii) hereof;

(iv) inclusion of such an application in the Daily Cause List shall constitute service of notice upon the caveator under sub – section (3) of section 148A of the Code of Civil Procedure;

(v) every application in respect of which no caveat has been lodged shall forthwith be listed for hearing with necessary endorsement referred to in clause (ii) hereof.

87. The provisions in Rule 86 shall not, however, apply to any of the following applications :

(1) an application for refund of court – fees paid in excess; (2) an application for time to put in requisite court – fee and refiling of memo of appeal after the period of limitation; (3) an application to the Taxing Officer to determine the court – fee payable; (4) an application for substitution of the heirs and legal representatives on the death of a party including one for substitution on setting aside abatement; (5) an application to record as assignment creation or devolution.of an interest in a pending proceeding; (6) an application for amendment of a memo of appeal or of a petition on a minor attaining majority; (7) an application for appointment of a guardian ad litem or cancellation of such an appointment or for representation of the minor in case of non – appearance of the guardian; (8) all applications relating to (a) service of notice including those for substituted service and dispensing service, and (b) sub poena; (9) all applications relating to inspection of records; requisition of records of obtaining information and copies of records; (10) an application for return of documents or exhibits; (11) an application for exemption from production of more than one copy of the judgment in analogous appeals and from payment of separate set of estimating fees and for direction for analogous hearing; (12) an application for cancellation ofvakalatnama or an application by an advocate for leave to withdraw from further conduct of the case; (13) all applications under Order 27, Rule 8 of the Code of Civil Procedure and the rules relating thereto; (14) an application for amendment of the memo of appeal or for taking additional grounds or additional evidence; (15) all applications relating to preparation of the paper – book and of the records in an appeal to the Supreme Court and for direction for early hearing; (16) all applications relating to Lawazima matters including applications for restoration of an appeal or a rule dismissed or discharged for default; (17) an application under Order 44, Rule 1, where there is no prayer for an interim order; (18) all applications regarding matters connected with appeals to the Supreme Court where there is no prayer for an interim order; (19) an application for leave to sue the receiver or to execute a decree against the property lying in the hands of a receiver; (20) an application for extension of time fixed by the court; (21) all applications which under these rules are to be dealt with by the Registrar not specifically provided for hereinbefore; (22) all applications for vacating interim orders; (23) an application under Article 226 of the Constitution; and (24) any other application in respect of which the court exempts compliance with requirement of Rule 86.

88. A caveat shall form part of the proceeding in connection with which the same is lodged. A caveat in respect of which no application is filed within the time prescribed by sub – section (5) of section 148A of the Code of Civil Procedure shall be deposited in the Record Department and be preserved for one year.

89. Every caveat lodged shall be accompanied by the stamped postal cover for registration for issue of notice under Rule 86(ii) which should be returned to the caveator in case the notice under Rule 86(ii) is not required to be issued.