Engage any lawyer for filing caveat in HC
2) even if you dint file caveat HC does not pass ex parte orders .it insists on prior notice to Respondent
3) you dint have to pay any amount to court
Need information
I got a ruling in a lower court in Favour of me..i am willing to file Caveat application in higher court(s) in case my opponent appeals this order ..what is the procedure for this ? is there any amount we need to pay to court ? if yes how the amount is decided ?
Asked 16 days ago in Property Law
Religion: Hindu
8 Answers
Yes you can file a caveat petition before the appellate court anticipating an appeal against the trial court judgment.
You can ask your own advocate to file a caveat petition before the appellate court.
You can enquire about the lawyer fee for this purpose from the lawyer you may engage.
You need to file the same in appeal court in format and court fee
Dear Client,
A caveat application is governed by Section 148A of the Code of Civil Procedure (CPC), 1908.
Where an application is expected to be made, or has been made, in a suit or proceeding 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. The person filing the caveat application must serve notice to the opposite party.
Once a caveat is lodged, if your opponent (the Caveatee) subsequently files an appeal or application in that court, the court is obligated to serve a notice of that appeal/application on you (the Caveator).
Furthermore, the Caveatee (your opponent) also has a duty to forthwith furnish you with a copy of their appeal/application and all supporting documents, at your expense. This ensures you have all the necessary papers to prepare your response.
Validity:
A caveat remains in force for 90 days from the date it is lodged.
If the opponent does not file an appeal within these 90 days, the caveat lapses.
If you still apprehend an appeal after 90 days, you will need to file a fresh caveat application.
Is There Any Amount We Need to Pay to Court?
Yes, you need to pay a nominal court fee for filing a caveat application.
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
Fee for caveat is nominal,but advocate fee will charged basing classification of your case.
Sir/Madam,
Very nominal charges are applicable for the caveat. You may do it in person or through your advocate.
- Yes, you can file a Caveat petition before the higher court , so that no order can be passed without summoning
- Only lawyers fees needed for filing the caveat petition
