What Is Caveat And How To File Caveat In Supreme Court Of India
A caveat is a legal notice filed by an individual or an organization to inform the court that they have an interest in a pending case and that they should be given a chance to be heard before any judgment or order is passed by the court. It is a preventive measure taken by the caveator to ensure that they are not deprived of their rights without being heard.
In India, a caveat can be filed in the Supreme Court under Order XLVIIIA of the Supreme Court Rules, 2013.
The process for filing a caveat in the Supreme Court is as follows:
- The caveat must be filed in the Registry of the Supreme Court.
- The caveat must be in the prescribed format and should contain details
such as the name and address of the caveator, the case number, the name of
the parties to the case, and the grounds on which the caveat is being filed.
- The caveat must be signed by the caveator or their authorized
representative.
- The caveat must be accompanied by a fee, as prescribed by the Supreme Court.
Once the caveat is filed, the court will keep it on record and notify the caveator if any application or petition is filed in the case. The caveator must then appear before the court within the prescribed time and present their case.
If the caveator fails to appear, the court may pass the judgment or order without hearing them. Therefore, it is important to file a caveat promptly and ensure that the court has the correct contact information for the caveator.
Format of Caveat Application