The right to prevent the court from making ex parte orders or judgements in civil cases is provided by Section 148A of the Code of Civil Procedure. The caveat is a petition that a party files with the court requesting that the court notify them if the other party initiates any legal action, an appeal, or other types-P of process against them. The question arises: In which court the caveat petition can be filed by a caveator? This blog shall endeavour to answer this question.
Caveat Petition
The phrase “Caveat” was first used in the middle of the 16th century. It is a Latin phrase which means “let a person beware”. In law, it is regarded as a notice, and the court is prohibited from taking certain acts without first notifying the person who provided the notice. It is often used in probate and property matters to prevent a party from taking certain actions until the matter can be fully heard and decided. The concept of caveat petition is incorporated under Section 148-A of the Civil Procedure Code, 1908. A caveat is a legal document filed with a court or government agency to give notice that someone has an interest in a particular matter or property. Thus, the concept of a caveat petition is founded on the rule of Audio Alteram Partem[1], which means that the other party should be heard before any adverse decision is passed against him.
Who can lodge Caveat Petition?
A caveat petition can be lodged by any person who has an interest in a property and wants to prevent any action from being taken on the property without their knowledge or involvement. This can include anyone who has a legal claim or interest in the property, such as a potential buyer, a creditor, or a family member. A caveat petition can be filed by any person who claims to have a potential or existing interest in the subject matter of a proceeding, even if they are not a party to the proceeding. For example, if a person believes that they have a potential claim to a property that is the subject of a pending lawsuit, they can file a caveat petition to ensure that they are notified before any action is taken on the property.
The court held that the caveat application is substantive in nature as even a third party to the suit but not a stranger to the suit can file the caveat if it has the right to appear before the court. But a complete stranger to it cannot file an application in court.
Where caveat application can be lodged?
A caveat petition can be filed in any court of original as well as appellate jurisdiction. Thus, it can be filed in Civil Court, Appellate Court, High Court, or Supreme Court if the caveator anticipates facing legal action soon. Examples of civil courts include Tribunals, Forums, Court of Small Causes, and Commissions.
The court concluded in Deepak Khosla v. Union of India &Ors that Section 148A of the Code only applies to civil proceedings and that a caveat cannot be entered against a petition filed under the Criminal Procedure Code or a petition filed under Article 226 of the Indian Constitution.
The process for filing a caveat petition may vary depending on the jurisdiction. Here are some general guidelines for filing a caveat petition:
United States
In the United States, the process for filing a caveat petition may vary from state to state. For example, in Maryland, a caveat can be filed with the Register of Wills in the county where the deceased person lived. In other states, such as Virginia, a caveat can be filed with the circuit court where the estate is being probated. It is important to consult with a qualified attorney or legal professional in your area for guidance on the specific requirements and procedures for filing a caveat petition.
United Kingdom
In the United Kingdom, a caveat application can be filed with the Probate Registry, which is part of the HM Courts & Tribunals Service. The caveat application must include the full name and address of the person filing the application, as well as the full name and last known address of the deceased person. The application must also include a statement of the grounds on which the caveat is being filed.
India
In India, a caveat petition can be filed with any court or authority that has jurisdiction over the matter. This petition can be filed in any court having original or appellate jurisdiction before which the case is pending for adjudication. The petition must be filed in duplicate, along with an affidavit stating the grounds on which the caveat is being filed. The petitioner must also provide the full name and address of the person against whom the caveat is being filed.
Conclusion
Filing a caveat petition is an important step in protecting your interests in a legal matter. The process for filing a caveat petition may vary depending on the jurisdiction, so it is important to consult with a qualified attorney or legal professional in your area for guidance on the specific requirements and procedures. By filing a caveat petition, you can ensure that your rights and interests are protected until the matter can be fully heard and decided.
Read our Article: What Are The Three Basic Purposes Of A Caveat Application?
