The Caveat is valid for 90 days from the date of lodging in the Court. Before the expiryof the period of 90 days, a fresh application can be made to extend the period of the Caveat for a further period of 90 days.
the caveat is valid
Is the caveat valid or void based on my filing suit date?
Hello All.my lawyer filed a civil suit against my neighbor on January 9, 2020, for Injunction and the next hearing date for the respondent is set on 17/2/2020. They received the privacy notice on 13/1/2020.Today, I received the Caveat from the neighbor ( Date of filing was on 13/1/2020). my question is their caveat valid or void?
Asked 4 years ago in Property Law
Religion: Hindu
17 Answers
Caveat is an entry made in the books of the offices of a register or court to prevent a certain step being taken without previous notice to the person entering the caveat. In other words, a caveat is a caution or warning giving notice to the court not to take any step without notice being given to the party lodging the care at. It is very common in testamentary proceedings.
Hello Adc Ajay We filed the suit before their caveat date, so that is the confusion..my lawyer filed a civil suit against my neighbor on January 9, 2020, for Injunction and the next hearing date for the respondent is set on 17/2/2020. They received the privacy notice on 13/1/2020.Today, I received the Caveat from the neighbor ( Date of filing was on 13/1/2020). my question is their caveat valid or void?
Asked 4 years ago
Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
hence caveat is valid
1. The matter is not clear. The Injunction Petition u/o 39 r 1 & 2 is heard on the same day it is filed and order passed on the same day.
2. The order so passed i.e. if injunction order is passed, then the Opposite Party is to be notified within 24 hours of the date of passing the injunction order and affidavit affirming compliance of the order is submitted before the Court within the said 24 hours itself.
3. How come the date of hearing of the injunction prayer under order 39 rule 1 & 2 has fixed so late that too after the opposite party has been notified? Was the application for injunction turned down by the Court on the date of its filing and a show cause order has been passed by the Court?
4. However, caveat has the affect when the suit/application is filed and the Registrar mentions in the note that there is no Caveat.
5. In your case it is different. Since the Opposite Party has already come to know about the date of hearing of the Injunction Application, hey will appear before the Court to oppose the prayer.
1. The caveat has no affect or meaning now since the Opposite Party has already got the notice about the application.
2. They will oppose the said injunction application when it will be heard by the Court on 17.2.2020.
- Civil Suit filed on 9 January
- Caveat Notice received on 13 January
In above circumstances Caveat Notice becomes infructuous, due to time limitation and you are legally not bound to honor the Caveat notice.
However check Court as to when copy of Caveat was registered in court register.
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Their caveat is very much valid.
Even though you have filed a suit on the said date, they have filed the caveat may be on the same date of next date, but the caveat is not for restricting you from filing the suit, it is filed only to enable them to be notified about the suit or application by you against them before taking any exparte decision against them.
Hence ther is no much importance attached to this caveat.
There is no importance attached to their caveat now because the court has not given you an exparte injunction against them on your application seeking ad-interim injunction.
Whatever, the caveat is valid but without any importance since they have already been notified by a private notice through your lawyer on the instructions of court in this regard.
Caveat is valid for 90 days after the date of filing. It is filed by the person against which case can be filed and he needs advance notice of the same so that any reliefs cannot be taken by the said party
- Caveat application means that you are requesting any court that if in case a specified person or organisation files a case in the court in which you are having some valid interest , then no order should be passed by the Court , without giving you a notice about that case being filed and also without listening your side in that matter.
- Further, Caveat Application remains in force only for 90 days and if during that duration no case gets filed from the opposite side, then you have to again file a fresh caveat petition in the court.
- Since, they have already filed Caveat, hence it become a part of the suit filed by you, and Court will not hear on injunction application without receiving report from the Caveator.
- Even after filing of the Caveat petition , if your neighbour failed to appear after receiving the court notice , then also Court is bound to pass order of Ex-parte injunction in favour of you.
See the caveat is filed after institution of the suit and notice are already issued so now this is not valid.
See there is no question of Caveat here now since suit is filed and notices are issued the respondent shall respond to the notice of court on suit and interim injunction.
1. What is privacy notice?
2. The caveat can be filed even after the filing of suit but before the passing of any adverse order. So caveat is valid.
It is valid. The object is not to grant relief without hearing the other side.
Regards
G.Rajaganapathy
High Court of Madras
1. Caveat is void if respondents have recieved same the notice of appearance because its purpose is sending notice at time of filing of suit.
You filed the suit before the caveat. You didn't have an obligation to inform him of the case you are about to file.
After filing of the suit Their caveat is no longer admissible. I don't know how could they file it. You have already sent them a notice.