1. A person claiming a right to appear before the Court on the hearing of a petition may lodge a caveat in the matter, where such a petition is expected to be lodged or has been lodged.
2. The caveator shall forthwith, after lodging his caveat, give notice thereof to the petitioner, if the petition has been lodged.
3. Where, after a caveat has been lodged, any petition is filed in any matter, the Registrar shall serve a notice of lodging of the petition on the caveator.
4. Where a notice of any caveat has been served on the petitioner, he shall forthwith furnish the caveator, at the caveator’s expense, with a copy of the petition and copies of any papers lodged by the petitioner in support of his petition.
5. A person intending to lodge a caveat shall furnish the following particulars in Form No.34:
(i) date of judgment/order;
(ii) name of the Court appealed from;
(iii) cause title and case number, if any;
(iv) designation of the Authority; and
(v) particulars of the order, etc.
6. (a) Where the caveator is represented by an advocate on-record, his vakalatnama shall accompany the caveat.
(b) If the caveat is filed by the party in-person, his full postal address, telephone number, mobile number, eMail address, fax number with S.T.D. Code, if any, shall be furnished along with memo of appearance.
7. Where a caveat has been lodged, it shall not remain in force after the expiry of ninety days from the date of lodgment unless the petition has been made before the expiry of the said period.
8. The caveat shall be presented at the caveat counter. The dealing Assistant shall enter the caveat in special application software customized for caveat matching. He shall enter the details of the Court appealed from in the computer and lock eCourt fee.
If the main case has already been filed, the dealing Assistant shall generate and issue caveat notice as also enter ‘IN’ code. Where the main case is filed subsequently, the computer software would alert the Assistant about the subsistence of a caveat. In such a
case, ‘IN’ code shall be entered in the computer barring automatic listing and caveat notice shall be issued.
In the last paragraph of every main case, the appellant/petitioner shall unequivocally state that no notice of lodging a caveat by the opposite party is received by him or if notice of caveat is received, whether the appellant/petitioner has furnished the copies of the memo of appeal/petition together with copies of the annexure, if any, to the caveator.
The cavetor named above respectfully begs to submit as under:
1. That it is expected that the caveatee may prefer an appeal/petition to the Supreme Court praying for interim relief therein.
2 That the caveator was party to the proceedings before the High Court as…….
3. That the caveator has despatched a notice of caveat by registered post with acknowledgment due/by courier service, on the person by whom the appeal/petition has been, or is expected to be filed, furnishing particulars regarding the judgment/order etc. as detailed hereinabove, in respect whereof the caveat is filed.
A receipt evidencing despatch of the caveat is annexed as annexure……….
4. The postal address of the caveator or his authorized agent:…………………….
5. It is, therefore, prayed that, in the event of the caveatee preferring such an appeal/petition within a period of 90 days, with an application seeking any interim relief_
(a) Notice of lodging of the petition may kindly be given to the caveator.
Categories: Supreme Court Practice and Procedute