Application for a Caveat (India) by OLL
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Application for a caveat (s. 148A)
In the Court of the ..................
Money Suit No................/20......
In the matter of Money Suit No. .............../20......
between
A.B. S/o of C.D. ........................etc.
Versus
P.Q.S/o of M.N. ...........................etc.
And In the matter of caveat P.Q., son of M.N. residing at................ .................................... Caveator-Petitioner
The above-named petitioner states:
1. That Mr. A.B. named above has instituted the above money suit against Mr. P.Q. and the said suit is pending. The summons has not been served on the petitioner as yet.
2. That as far as the petitioner could know, the said Mr. A.B. is contemplating to file a petition under Or. 38, r. 5 of the C. P. Code for attachment of your petitioner’s properties before judgment.
3. That your petitioner has every right to appear before the court on the hearing of such application, if any.
4. That your petitioner hereby lodges a caveat to the effect: ‘Let nothing be done in the matter of application under Or. 38, r. 5, C.P. Code, if any, touching properties of the petitioner without notice to the petitioner’.
This template is used to lodge a caveat in a civil court to ensure that no orders, particularly regarding the attachment of property before judgment, are passed without prior notice to the applicant. It is a proactive legal measure to protect a defendant's interests in a pending money suit.
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About this template
What is this template?
This is a statutory court filing used in Indian civil litigation to prevent ex-parte orders. It is not a defense on the merits of the case but a procedural safeguard for notification.
When should you use it?
Use this when you are a defendant in an Indian civil suit and believe the plaintiff is about to apply for an interim order against your assets. Use a Written Statement instead if you are responding to the full claims of the lawsuit.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Preamble | Suit Identification | Identifies the specific Money Suit number and the parties involved including the Caveator-Petitioner. |
| 1 | Notice of Pending Litigation | States that a suit has been instituted by A.B. against P.Q. but summons remains unserved. |
| 2 | Anticipated Application | Records the petitioner's expectation that an application for attachment of property before judgment will be filed under Order 38 Rule 5. |
| 4 | Lodging of Caveat | Formally requests that no orders regarding property attachment be made without prior notice to the petitioner. |
Who it's for
- a defendant in an Indian money suit expecting a property attachment order
- a party seeking to exercise their right to be heard under Section 148A
How long it runs and how it's signed
Law it's drafted under
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