• Caveat filing

I am party in person. EC passed order in favor of me on MA filed by TP. Therefore, I wish to file Caveat in Mumbai HC in anticipation tgat TP may file revision petition in High Court Mumbai to challenge the said order. 

My question

1. I wish to file Caveat myself being party in person. Can I file in individual capacity.

2. Whether affidavit is required with the Application

3. Can I file Caveat online

4. If online provision is not open then whether presence of caveator is mandatory (If I don't appoint any Advocate). In this case, I can send by post with fulfilling all required compliances : Such as identification of caveator, Notarized application etc

Please guide
Asked 3 months ago in Civil Law

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

1. Yes.

2. Yes. 

3. Both in PDF file and also physical copy. 

4. Yes, presence of caveator or his advocate is must. By post caveat cannot be filed. 

Siddharth Srivastava
Advocate, Delhi
1179 Answers

5.0 on 5.0

You can file in your individual capacity 


2) you would need to file affidavit in support 


3)your presence would be required for filing caveat as you have not engaged any lawyer 

Ajay Sethi
Advocate, Mumbai
93506 Answers
7253 Consultations

5.0 on 5.0

1. Yes, being the party in person , you have right to file a Caveat petition before the HC 

2. Yes, 

3. Yes, you can file online from the official website of Bombay High Court. 

Mohammed Shahzad
Advocate, Delhi
12521 Answers
172 Consultations

5.0 on 5.0

1. yes can be done

2. no

3. online facility is not yet available..needs to be checked

4. if an advocate is not appointed then someone has to do the filing of the caveat in the registry...i am messaging you the number of a clerk who can file on your behalf...you can send the signed caveat to him by post...but first call and talk to him

Yusuf Rampurawala
Advocate, Mumbai
7359 Answers
79 Consultations

5.0 on 5.0

1. If you anticipate any revision petition that is likely to be taken up against you, then you can very well file the same as a party in person.

2. The affidavit need to be filed since you are filing it as a party in person. 

3. Yes you can file caveat petition through online procedures too. 

4. Only filing by online is permitted, if the caveator's presence is insisted by court because he is filing it as party in person,  then you may have to decide about it. 

T Kalaiselvan
Advocate, Vellore
83704 Answers
2057 Consultations

5.0 on 5.0

Yes individual you can file affidavit required you can file online too

Prashant Nayak
Advocate, Mumbai
31071 Answers
162 Consultations

4.1 on 5.0

Dear Client.
1. Filing in individual capacity: As a party in person, you should be able to file a Caveat in your individual capacity.
2. Affidavit requirement: Typically, an affidavit is required to be filed along with the Caveat application. The affidavit should contain relevant details and facts related to your case. It's important to consult with a lawyer to ensure that the affidavit is prepared correctly and includes all necessary information.

3. Online filing: The Mumbai High Court may have provisions for online filing of Caveats. You can visit the official website of the Mumbai High Court or consult with a lawyer to check if online filing is available and the procedure for doing so.

4. Presence of caveator: If online filing is not available or if you choose not to appoint an advocate, you may be required to physically submit the Caveat application and supporting documents. In such cases, it's advisable to visit the court registry in person or send the documents by post, ensuring that you fulfill all the required compliances, such as identification of the caveator and notarized application.

Anik Miu
Advocate, Bangalore
8095 Answers
97 Consultations

5.0 on 5.0

Yes for all, but it is always advisable to be physically present.

Gaurav Ahuja
Advocate, Faridabad
58 Answers

Not rated

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer