Period of validity of caveat filed in Supreme Court

[Anonymous]

After winning case in high court, on advice of my high court advocate, I have filed a caveat in the supreme Court. For how long this caveat will be valid? Will it be valid indefinitely till the opponent files SLP in supreme Court or till some fixed time?

[Dr. Ashok Dhamija]

As per the provisions of Section 148-A of the Civil Procedure Code, a caveat is valid only for a period of 90 days from the date on which it was lodged. After that it expires. Therefore, if the SLP is not filed by your opponent within this period of 90 days, and if you feel that he may still file the SLP, then you should file a fresh caveat on expiry of the first caveat (i.e., after 90 days), which then again would be valid only for 90 days.

     

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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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