CAVEAT PETITION AT SUPREME COURT OF INDIA
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What is a Caveat Petition?
A Caveat Petition is a formal legal notice filed by a person who anticipates that someone else may initiate legal proceedings against them. Under Section 148A of the Civil Procedure Code, filing a caveat ensures that the caveator (the person filing the caveat) receives a notice before the court passes any order in the concerned matter. This legal step helps in avoiding ex-parte orders and ensures the right to be heard.
Why File a Caveat Petition in the Supreme Court?
When a case has reached a conclusion at the High Court level, the opposing party may approach the Supreme Court through Special Leave Petition (SLP) or Transfer Petition. Filing a Caveat in the Supreme Court of India serves as a preventive legal measure, ensuring that no adverse order is passed without hearing your side.
Scope of Filing Caveat Petition
1. General Caveat Petition
Filed when the caveator expects the opposite party to challenge a High Court order. Essential in both civil and criminal matters, especially in SLP (Special Leave Petitions).
2. Caveat in Transfer Petition Case
In family and matrimonial matters, especially in Transfer Petition cases, a caveat petition becomes crucial. If your case has been transferred or you anticipate such an action, filing a caveat ensures your appearance and argument before any such transfer is allowed by the Hon’ble Supreme Court.
How to File a Caveat Petition in Supreme Court of India
✅ Step-by-Step Process:
1. Copy of High Court Order
To file a caveat in the Supreme Court, you must submit a copy of the final judgment/order passed by the High Court. Please provide this document to our Legal Light Consulting LLP team for prompt initiation of the process.
2. Drafting & Filing the Caveat
Our experienced Supreme Court lawyers will prepare a precise Caveat Petition following prescribed norms, including:
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Proper court format
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Advocate details
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Caveator information
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Judgment reference
3. Serving Notice
A copy of the caveat is served to the opposite party/parties expected to initiate a proceeding.
4. Court Registry Action
Upon receipt, the Supreme Court registry records the caveat and informs the concerned bench. No matter is entertained ex-parte without informing the caveator.
5. Right to Be Heard
The caveator gains the right to be heard before any interim relief or decision is granted by the court.
Validity & Renewal of Caveat
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A Caveat Petition remains valid for 90 days from the date of filing.
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If no proceeding is initiated within this period, the caveat lapses automatically.
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A renewal can be filed immediately upon expiry to maintain continued protection.
What Happens If You Don’t File a Caveat?
If a caveat is not filed, and the other party approaches the Supreme Court, the court may pass an ex-parte interim order without giving you a chance to defend yourself. This can cause irreversible harm and legal complications.
Need Help Filing a Caveat Petition?
📄 Submit a copy of your High Court judgment/order to our legal team.
📞 Call us at +91 9999641341
📧 Email: support@legallightconsulting.com
🌐 Visit: caveat.legallightconsulting.com
Act before it’s too late. File your caveat and protect your rights.
