Legal Question in Landlord & Tenant Law in India

Re: meaning of caveat on defendant's part

Caveat means claiming a right of being heard before passing of any adverse order by the court against the party claiming such right. One must go for filing of caveat petition, if it is anticipated that the other party is likely to assail the order passed in the favour of the party claiming the right of being heard. For further clarifications feel free to contact at [email protected] or 9811062868 (Delhi).

D.M. Bhalla

Re: meaning of caveat on defendant's part

Yes, you should file a caveat. A caveat is a notice to the Court saying that no orders should be passed in the proceedings(in this case the possible appeal by the plaintiff) without notice being first given to you.

For the procedure, See S.148-A of the Code of Civil Procedure and, if you are in Maharashtra,Goa, Daman or Diu, see also Order XL-A of the Code of Civil Procedure

Re: meaning of caveat on defendant's part

Caveat means to be aware of. That is when any person files an Appeal or any sort of proceedings before the court of law, there cannot be any exparte order ie. one sided order cannot passed without availing an oppornunity to the Caveator. (Caveator means one who files an caveat application)

So if there is any fear that plaintiff is going to file an appeal, and whereby he would ask for an ad interim order - on your back side, then you should at the precaution file and caveat application before such an appeal is filed.

Re: meaning of caveat on defendant's part

Yes, you should file a caveat. By Caveat, before any interim relief (stay) is granted you shall be heard. Consult your lawyer as to the specifics of the precautions as without papers that cannot be advised here.