Caveat Application Format for High Court under Section 148A CPC

IN THE HIGH COURT OF __________________ AT __________________

CIVIL / APPELLATE / WRIT JURISDICTION

CAVEAT NO. ________ OF 20__

IN / ARISING OUT OF

________________ CASE / APPEAL / PETITION NO. ________ OF 20__

IN THE MATTER OF:

________________________________
S/o / D/o / W/o ________________________________
R/o ___________________________________________
...Proposed Applicant / Appellant / Petitioner

VERSUS

________________________________
S/o / D/o / W/o ________________________________
R/o ___________________________________________
...Caveator / Proposed Respondent

CAVEAT APPLICATION UNDER SECTION 148A OF THE CODE OF CIVIL PROCEDURE, 1908

THE HUMBLE APPLICATION OF THE CAVEATOR ABOVE NAMED

MOST RESPECTFULLY SHOWETH:

1. That the Caveator is interested in and has a right to appear in the proposed proceeding arising out of / relating to ________________________________________________.
2. That by judgment / order dated __.__.20__, the __________________ Court / Tribunal / Authority at __________________ passed an order in __________________ Case No. ______ of 20__, whereby ________________________________________________.
3. That the Caveator has reason to believe that the proposed Applicant / Appellant / Petitioner is likely to institute / has instituted a civil appeal, petition, application or other proceeding before this Hon'ble Court challenging or seeking relief against the aforesaid judgment / order / proceeding.
4. That the Caveator apprehends that the proposed Applicant may seek interim, ad-interim, stay, injunction or other relief which may adversely affect the Caveator unless an opportunity of hearing is granted.
5. That the present caveat is therefore being lodged under Section 148A of the Code of Civil Procedure, 1908, with a request that no order on the anticipated application be passed without prior notice to and hearing of the Caveator, subject to the applicable law and rules of this Hon'ble Court.
6. That in compliance with Section 148A(2) CPC, notice of this caveat has been served / is being served upon the proposed Applicant / Appellant / Petitioner by registered post acknowledgment due / speed post / approved mode at the following address: ________________________________________________. Proof of service / dispatch is filed herewith as Annexure C-__.
7. That the Caveator undertakes to comply with all further procedural requirements of this Hon'ble Court and to receive copies of the anticipated application and documents in accordance with Section 148A CPC.
8. That this caveat is being lodged within the period permitted by law and the Caveator is aware that, under Section 148A(5) CPC, the caveat remains in force for 90 days from the date of lodging unless the anticipated application is made within that period.

PRAYER

In view of the above, it is respectfully prayed that this Hon'ble Court may be pleased to:

1. register the present caveat under Section 148A of the Code of Civil Procedure, 1908;
2. direct that notice be given to the Caveator before hearing any application in the proposed proceeding to which this caveat relates;
3. permit the Caveator to be heard before any interim or other order affecting the Caveator is passed, in accordance with law; and
4. pass such other order as this Hon'ble Court may deem fit and proper.

Place: __________________
Date: __.__.20__

CAVEATOR

THROUGH COUNSEL
________________________________
Advocate
Enrollment No.: __________________
Address: _________________________
Mobile / Email: __________________

Verification

I, ________________________________, the Caveator above named, do hereby verify that the contents of paragraphs 1 to ___ are true and correct to my knowledge and belief and that no material fact has been concealed.

Verified at __________________ on this ___ day of __________, 20__.

CAVEATOR