This is what is provided in the Supreme Court Rules, 2013, with regard to the filing of a caveat:
“Where a petition is expected to be lodged, or has been lodged, which does not relate to any pending appeal of which the record has been registered in the Registry of the Court, any person claiming a right to appear before the Court on the hearing of such petition may lodge a caveat in the matter thereof, and shall thereupon be entitled to receive from the Registrar notice of the lodging of the petition, if at the time of the lodging of the caveat such petition has not yet been lodged, and, if and when the petition has been lodged, to require the petitioner to serve him with copy of the petition and to furnish him, at his own expense, with copies of any papers lodged by the petitioner in support of his petition. The caveator shall forthwith, after lodging his caveat, give notice thereof to the petitioner, if the petition has been lodged.”
Nowadays, in actual practice, where a Caveat is filed in the Supreme Court, the Advocate on Record of the caveator will get a message on his mobile phone immediately after an SLP is filed by the opponent and a diary number is generated on such filing of SLP. After the SLP is given a regular SLP number, it will not be listed by Supreme Court registry in the court unless a copy of the petition has been served on the caveator (or his advocate on record) and unless proof of such service is filed in the registry.
So, you or your advocate on record will get information as well as copy of the SLP filed by your opponent in the matter in which you have filed the caveat. Without that, the case will not be listed in the court.
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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