Caveat Petition

Overview of Caveat Petition

A Caveat is a Latin term that originated in the mid - 16th century, which means 'let a person beware'. A caveat petition is a preventative measure assumed by people usually when they are having a very solid apprehension that some cases may be filed in the Court regarding their notice in any manner.

In law, especially in probate, it may be understood as a notice that specific actions may not be taken without notifying the person who issued the notice. A caveat may be recognized as a warning. It was inserted under section 148A in the Civil Procedure Code of 1908 (hereinafter, the Code) by the approvals of the Law Commission of India's 54th Report and was introduced by the CPC (Amendment 104) Act of 1976.

The term 'Caveat' is not defined in the Code. Nevertheless, in the case of "Nirmal Chand v. Girindra Narayan," the Court had well-defined Caveat's word. They said that "A Caveat is an attention/cautious or warning, that was given by a person to the Court in condition not to take any action or grant relief to the other side without affording an opportunity of hearing him and without giving notice to the caveator.

Provisional Purview

Section 148A:- Right to lodge a caveat.

• Any person claiming a 'right to appear' before the Court on hearing an application may lodge a caveat, if an application has been/expected to be made in the proceedings of Court.
• A person by whom the 'Caveat' has been filed (hereinafter caveator) where a caveat has been lodged under sub-section (1), shall serve a notice of the Caveat by registered post, acknowledgment due, on the person by whom the application is expected to be or has been made.
• If an application is filed in any suit or proceeding, after a caveat has been lodged under sub-section (1), then the Court shall serve a notice of the application on behalf of 'caveator.'
• The person shall immediately furnish the caveator at the caveator's expense if a notice of any caveat has been served on the applicant. It should be done along with a copy of the application or paper or Document that may be filed by him in the sustenance of the application.
• Caveat will not remain in force after the expiry of ninety days from the date on which it was lodged if it has been lodged under sub-section (1). It must be unless the application referred to in 'sub-section (1)' has been made before the supposed period's expiry.

What are the Benefits of Filling a Caveat Petition?

Getting the best lawyer as per your facts and case is one of the benefits in itself. However, there are few more benefits of filing Caveat Petition with CorpBiz, which are as follows:-

• At every step of the filing, you will be informed of the caveat petition updates till the end.
• A caveat safeguards the caveator's advantage. The Caveat is now equipped to confront the suit or proceedings which are relied upon to be introduced by the opponent.
• No ex-parte order must be gone against the caveator from this time forth, since the Caveat escapes a variety of procedures.
• It saves the costs expenses and convenience of the courts in this manner. It protects the expenditure of the Caveat too.
• The Court might not give any 'ex-parte interim order' to the adversary party without hearing to the caveator if the opponent party registers application/procedures for the temporary orders.
• The order is unenforceable if the order is passed without informing the caveator.

What are the Checklist/Requirements of Caveat Petition?

• The appeal no. / Petition / suit, if it exists.
• The address of the Court where the Caveat is to be decided.
• Brief features of suit/appeal expected to be filed.
• Names of viable appellants /plaintiffs.
• The person is making the Caveat (Caveator’s name).
• Complete Address where notice of Caveat transferred by RPAD to the other people.
• Caveator’s Address for the support of the notice when it is registered.

What are the Documents Required for Caveat Petition?

Filled Index

Form to File Caveat Signed by Advocate on Record (AOR) containing the following agendas. Those are as follows:-

• Name of The Court Appealed From
• Case Number And Cause Title
• Vakalatnama And Memo of Appearance
• Court Fees (Applicable In Civil Matters)
• Designation of The Authority
• Date of Impugned Judgment

What is the Procedure for Filing a Caveat Petition Before the Courts?

There are five essential ingredients to the section to follow the procedure for filling of Caveat Petition. Those are as follows:-

Who may Lodge a Caveat? :

Any person is claiming a right to appear before the Court, where:

• An application is expected to be made
• Where an application has already been made
• In a suit or proceeding instituted
• In a proceeding or litigation which is about to be established - may lodge a caveat petition. It is also known to be substantive by nature.

Duties of the Caveator:

This clause is known to be directive in nature. The person - by whom the Caveat has been filled is called a Caveator. He shall:

• Serve notice of the Caveat with an acknowledgment due by registered post
• On the person by whom the said application has been made
• Or is expected to be made

Duty of the Court:

The Court shall serve a notice of the application on behalf of Caveator if any application is filed after filing Caveat ‘under Clause 1’. This clause is also known to be mandatory by nature.

Duties of the Applicant:

He/She shall furnish at the expense of the Caveator, if notice of any Caveat has been served on the applicant. It is also known to be directive in nature. It requires the below-mentioned necessary papers to furnish while applying.

• A copy of the petition made by the person.
• Copies of any Document or paper that ‘has been’ and ‘Maybe’ filed by him in the sustenance of his application/petition.

Life of a Caveat Petition:

From the date on which it was lodged, the petition's life is termed for 90 days. The only exception is, the clause ceases to exist if the application that has been made before the said period or already exists.

Follow the Below-Mentioned Steps While Filing a Petition of Caveat in Delhi High Court:-

• Attach an affidavit with the caveat petition. The Caveator should sign both the affidavit and petition.
• Impugned order (if any), vakalatnama, and proof of service of notice of Caveat must be submitted to the Court, along with Documents mentioned above.

CorpBiz Procedure for Caveat Petition

A caveat petition is a preventative measure which is assumed by people usually when they are having a very solid apprehension that some case is may be filed in the Court regarding their notice in any manner. Therefore, the caveat petition shall be prepared with careful consideration, and plenty of time should be allowed for all stages of the drafting and submission. It is advisable that an Attorney with significant 'Litigation Experience' must be appointed to overwhelm many of the potential pitfalls that creep around within your caveat petition.

CorpBiz recommends you that you should be in contact with an advisor to understand the requirement in detail. The elementary information would be mandatory from your end to start the process. The lawyers will begin working on your Document once all the information is provided, and the payment is received. Also, you will acquire the first draft of your authorized Document within a few business days. You can evaluate the Document, and intimate for the corrections in case of any modifications.

Why CorpBiz?

CorpBiz is one of the platforms which coordinate to fulfill all your legal requirements and connect you to consistent professionals. Yes, our clients are pleased with our legal service! Because of our focus on simplifying legal requirements, they have consistently regarded us highly and providing regular updates.

Our clients can also track at all times the progress on our platform. If you have any questions about the Caveat Petition for the filing and drafting process, our experienced legal advisors is just a phone call away. You can Keeps track of the lawyer allotted to you so that you face no troubles. Your caveat petition will be filed without any issue. CorpBiz will ensure that your communication with professionals is charming and seamless.

• Purchase a Plan for Expert Assistance.
• Add queries Regarding Petition Drafting and Litigation.
• Provide Documents to CorpBiz Expert.
• First draft ready within 2 days.
• Download your public Interest Litigation Petition/Home Delivery.
• Be with us till your interest is Served Judiciously.

Who may Lodge a Caveat?

According to Section 148A, the person filing the caveat has the right to appear before the Court concerning the suit. Therefore, it can be said that any person may file a caveat, whether a party to the suit or not. Consequently, if any manner they are connected to the suit in question, the caveat can be filed by a third party as well.

In the case of “Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma,” the principle has been laid down that a caveat cannot be lodged by a person who is a total stranger to the case. Moreover, a caveat may be filed by any person claiming a right to appear before the Court, which signifies that this clause is substantive by nature.

Where can a Caveat Petition be Lodged?

The person can file a petition for a caveat in any Civil Court of original jurisdiction, Appellate Court, High Court, and Supreme Court, as and when the Caveator expects some legal proceedings to be filed against him in the proximate future. Moreover, in such cases, the Civil Courts may include Tribunals, Forums, Courts of Small Causes, and Commissions.

According to the case of “Deepak Khosla Vs. Union of India & Ors”, the Court held that caveat cannot be made against petition made under 'Article 226' of the Constitution of India or petitions made under the Criminal Procedure Code and Section 148A of the code applies to civil proceedings only.

Is it Necessary to Issue a Notice?

The Court is required to give notice about such an application to the Caveator. It implies to applications which are made in any suit or legal proceeding after the filing of a caveat petition. The applicant at the expense of the Caveator is required to make available with a copy of the application made by him to the Caveator. It must be done when a notice has been served on the applicant, along with any Document or paper that may have been submitted with the application. Moreover, the decree or judgment passed becomes null and void if the Court or applicant disregards the caveat and does not notify the Caveator.

In the case of “C.G.C Slddalingappa v. G.C Veeranna,” an applicant on filing a caveat was served with a notice. The case was decided on a later date without giving intimation to the appellant about the same. Therefore, the Court held that the provision concerning notice under Section 148A (3) is compulsory and non-compliance of the same downfalls the very object of Section 148A for Caveat Petition.

What are the Usual Mistakes made While Filing a Caveat?

Some of the common mistakes made while filing caveat are as follows:

• It is important to remember that caveat can be made only against an application, because it is often seen as filed in support of an application also, which is incorrect.
• If Caveator forgets to serve a notice to the applicant, it is not acceptable. Serving Notice is mandatory under Section 148A of CPC.
• Even after the expiration period, Caveators often claim that the order is incorrect because the notice was given. It is essential to remember that after 90 days, a new caveat must be filed.