Safeguard your interests effortlessly through our online caveat petition. A streamlined process for quick and effective protection.
The term caveat has its inception in the mid-16th century, which means ‘let a person beware’ in the Latin language. A caveat petition is a notice document issued to the court by a person stating that another person may file a suit or application against him and that the court must give the caveator (person submitting the caveat) a fair hearing before considering any point presented before it in the case.
Objective of the Caveat Petition Filing Process
The goal of a caveat petition is to allow everyone to be heard in court so that they can present their side of the story in front of the judge. Anyone can file a caveat petition to defend their rights or to stop the ex-parte order.
The Supreme Court of India described a caveat in the case of Nirmal Chand versus Girindra Narayan as a caution provided to the court by the caveator that no judgment or order should be passed against him without providing him notice and an opportunity to be heard in court.
Caveat Petition: Benefit of the Filing Process
- A caveat serves to protect the caveator throughout legal processes. When you present a caveat, it assures that the caveator is well-equipped to combat the opponent’s suit or processes
- No ex-parte order can be made against a caveat once it has been filed since it permits the caveator to circumvent multiple procedures
- The caveat saves money while simultaneously improving accessibility to the courts
- By submitting the caveat, the caveator is kept informed about the procedures until they are completed
- The court will not grant an ex-parte interim injunction without first hearing the caveator if the opposition applies with the court asking for temporary relief
- It is void if an order is issued without notifying a caveator.
Documents Required for Caveat Petition
- Caveat petition signed by the caveator
- Index
- Cause Title And Case Number
- Name of The Court Appealed From
- Date of Impugned Judgment
- Designation of The Authority
- Memo of Appearance
- When an advocate represents a caveator, the advocate can sign the petition and attach the vakalatnama to it
- The caveat must be entered in the required form in the caveat register, which is kept by the court and includes the date and number of proceedings
- A copy of the application, proof of dispatch of notice, and an explanation stating that a copy of the caveat petition has been issued to the parties of the suit to be attached when filing the caveat in the court
- When filing the caveat at the High Court, an affidavit shall be submitted to the petition
- Fees prescribed by the court
Format of Caveat Petition
(Under Section 148-A and order 52 C.P.C)
In the High Court of Judicature at ———– (Karnataka)
Caveat Petition No:
Mr/Ms ———-
Aged ——— years
Occupation ———-
Residing at ———— (Complete Address of the Caveator)
Vs
Mr/Ms —————
Aged ——— years
Occupation ———-
Residing at ———— (Complete Address of the Expected Caveatee/Appellant/Opponent)
The Drafting the Caveat Application Format on behalf of the caveator hereby submits:
Pray that no ex-parte order may be passed in the Suit/Case/Application for recovery orders by the opponents named above in the honorable High Court of——, against the caveator in connection with …………. (subject matter to be mentioned).
The caveator’s and the opponent’s address for the service of summons/notices of this suit/application is as stated in the title clause of this application.
The Caveator hereby undertakes to forthwith serve a copy of this application about the Suit/Case to the opponent above-named by registered post with acknowledgment and to file proof of such service.
Any interim application filed in the suit by the opponent against the Caveator in this Hon’ble Court may please be notified to the Caveator before passing any order in such Caveat application which the Court deems appropriate.
Any order which the Court deems fit in the interest of justice may please be passed.
Place:
Date: –/–/–
COUNSEL FOR CAVEATOR
CAVEATOR
The format of a caveat petition can vary depending on the specific requirements of the court or authority. However, a typical caveat petition includes the following details
Title
The title should indicate that the document is a caveat. It should be followed by a brief description of the subject matter. For example, ‘Caveat to Prevent the Grant of Probate in the Estate of [Name of the Deceased Person].’
Details of the Petitioner
The petitioner’s full name and address should be included. Additionally, the petitioner should describe their relationship to the subject matter of the caveat. For instance, if the caveat pertains to an estate matter, the petitioner should explain their connection to the deceased.
Grounds for the Caveat
Clearly state the grounds for the caveat, outlining why the petitioner believes the action should be prevented. This might include objections to the will’s validity or concerns about the executor’s appointment in an estate matter.
Relief Sought
Specify the relief sought, detailing the action the petitioner wants the court or authority to take. For example, in an estate matter, the petitioner might request an order preventing the grant of probate until their objections are heard.
Supporting Documents
Attach any relevant supporting documents to the caveat. This might include copies of the will, the death certificate, or other documents supporting the petitioner’s claim or objection.
FAQs: Caveat Application
How do you draft an online caveat petition?
Utilise a legal platform, input details, state your interest, and follow guided steps for an efficient online caveat application.
How to make a simple caveat?
Clearly outline your interest, provide necessary details, and submit a concise document expressing your intent to be notified before any legal action.
How do I file a caveat under the court of law?
Prepare a formal document stating your interest, adhere to court-specific requirements, and submit the caveat to the appropriate court along with any necessary fees.
What is the caveat application under section 148A of CPC?
A legal document filed under Section 148A of the Civil Procedure Code (CPC) to prevent an ex-parte order. Specify your interest and details to protect your rights.
What is the direct process of filing caveats in CPC?
Follow CPC guidelines, prepare a caveat stating your interest, and submit it directly to the court. Adhere to procedural requirements for a smooth filing process.
What is the time limit for 148A notice?
In accordance with Section 148A, the taxpayer is afforded an opportunity for a hearing with the officer. The assessing officer must provide a timeframe of at least seven days but not exceeding 30 days for the assessee to present their explanation.
