No, it is not mandatory or necessary to file a caveat in the higher court when you win a case in the lower court. It is optional and depends on your choice.
In the facts of your case, if the case that you have won in the high court is very important for you, and if an interim order or stay granted against you by the Supreme Court can adversely affect you, then you should file a Caveat in the Supreme Court. The advantage of caveat would be that you’ll get an opportunity to appear in the Supreme Court if and when your opponent’s case is listed before that Court and also to oppose the grant of any interim order or stay order. So, you’ll not be taken by surprise and no interim order would be passed against you in your absence.
However, if there is no likelihood of any interim order or stay being passed against you due to the nature of the case, or such interim order, etc., is not likely to adversely affect you, or the case is not very important for you, then in such situations, there may be no need to file a caveat in the Supreme Court. Even without a caveat, the case will not be finally decided by the Supreme Court in your absence, and you’ll be given opportunity to defend the case and you’ll get notice of the case from the Supreme Court if it decides to hear the case.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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