A caveat petition is filed by those who believe that a legal suit may be filed against them and they would like to know ahead. Now read more
The caveat petition is an application filed by a legal person in a civil court against one or more other persons, seeking to be heard before any ex-parte order is made against him in any actions brought by the said individuals in that court. The caveat is valid for 90 days after it is filed. One can either have the caveat application correctly made and filed in the court, by hiring a legal professional to do it for them. We recommend that you engage the services of Vakilsearch to file a caveat petition as our veteran experts have years of expertise in such matters.
| Following the recommendations of the Law Commission of India’s 54th Report, the Civil Procedure Code (Amendment) Act 104 of 1976 added the provision of filing a Caveat Petition under Section 148-A of the Code of Civil Procedure, 1908. |
Procedure for Filing a Caveat petition
A caveat can be filed in the Civil Court of original jurisdiction, the High Court, the Supreme Court, or the Appellate Court, where the rules for submitting the petition are similar. The caveator’s basic information, such as name and address, should be included, as well as the information of any potential applicants, appellants, or plaintiffs, the case’s subject matter, the nature of any legal actions that the caveator anticipates initiating in the future, details of previous proceedings, if any, on which the current legal proceedings’ decisions may be based, and so on.
| The caveat petition must be signed by the caveator and delivered to the authorised Court Officer, along with the vakalatnama or undertaking of the advocate who will be arguing the caveator’s case in Court. |
Caveat Petition Filing Deadline
A caveat petition is only valid for 90 days after it is filed. If an application is filed within this time frame, the caveator must be notified. Alternatively, if an application is submitted after this time period has expired, neither the Court nor the applicant is required to notify the caveator.
It is important to remember, however, that the caveator can choose to register a new caveat after the time period has expired, in which case the caveator will be advised of all applications made within that time period.
Contents of a Caveat Petition
- The caveator’s name;
- The caveator’s address, where the notice would be sent;
- The name of the court in which the caveat was filed;
- The number of the suit and, if relevant, the number of the appeal;
- Brief information regarding the probable suit or appeal;
- Names of potential plaintiffs or appellants, as well as respondents
Where Can a Caveat Petition Be Filed?
When the Caveator believes that legal actions may be initiated against him in the near future, he may file a petition for a caveat in any Civil Court of original jurisdiction, Appellate Court, High Court, or Supreme Court. In such instances, the Civil Courts may elect to incorporate Tribunals, Forums, Courts of Small Causes, and Commissions.
| A caveat cannot be filed against a petition filed under ‘Article 226’ of the Indian Constitution or a petition filed under the Criminal Procedure Code, according to the courts. The caveat in Section 148A of the Code only applies to civil proceedings in India. |
Advantage of Filing a Caveat petition
- During judicial proceedings, a caveat acts as protection for the caveator. When a caveat is brought in, it ensures that the caveator is armed to fight the opponent’s suit or processes.
- Once the caveat is filed, no ex-parte order can be issued against it because it allows the caveator to avoid a multiplicity of procedures.
- The caveat saves money while also making the courts more accessible.
- The caveator is kept informed about the proceedings till the finish by filing the caveat.
- If the opposition files a motion with the court requesting temporary relief, the court will not provide an ex-parte interim injunction without first hearing the caveator.
- When an order is issued without notifying a caveator, it is void.
Duties of Court On Filing of a Caveat
When the caveat is filed and notice is served on the applicant, the court’s responsibility begins. Section (3) requires the court to deliver a notice on the caveator when a Filing a Caveat is lodged and an application is made in any suit or proceeding. This means that after the caveator files the caveat stating his desire to be represented and an actual application is filed within the next 90 days, the court will serve a notice on the caveator informing him that the application he expected has been filed and that the caveator thus has the right to be heard before the court.
Read more:-
District Court Caveat Petition
When You Can File New Caveat Petition?
