Application for a Caveat (India)
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.
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’.
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