A caveat petition, is incorporated under Section 148A of the Civil Procedure Code, 1908, It is a preventive measure , read to know more about Caveat Application
Caveat Application: an Overview
In an Indian court, a caveat petition means that you are requesting that if a specific person or organisation files a case in the court in which you have a valid interest, no order should be issued by that humble court without first notifying you of the filing and without hearing your side of the story.
| A caveat petition is a preventative move taken by people when they have a strong fear that a case involving their interests would be brought in court. |
Pre-condition to a Caveat Application: an Overview
A caveat is a Latin phrase that means ‘let a person beware.’ A caveat petition can be brought by someone who claims to have the right to appear in court in one of the following situations:
- Where an application is expected to be made, where an application has already been made,
- In a proceeding or suit that has already been instituted, or
- In a proceeding or suit that is about to be instituted
| 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. |
Benefits of a Caveat Application
There are several advantages to filing a Caveat Petition, which is as follows:
- A caveat protects a caveator’s advantage. The Caveat is prepares one to meet the litigation or proceedings that the opponent intends to bring
- From the filing of the caveat petition, no ex-parte order can be issued against the caveator because the Caveat avoids unnecessary procedures
- It avoids the costs and inconveniences that would otherwise be incurred by the courts. It also protects Caveator’s expenditure
- If the opposing party submits an application/procedure for temporary orders, the Court may refuse to provide an ‘ex-parte interim order’ without first hearing the caveator
- If an order is issued without alerting the caveator, it is unenforceable.
Where Can a Caveat Application Be Lodged?
When the caveator expects legal actions to be brought against him in the near future, he can submit a caveat petition in any Civil Court of original jurisdiction, Appellate Court, High Court, or Supreme Court. Courts of Small Causes, Tribunals, Forums, and Commissions are all examples of civil courts.
However, in Deepak Khosla v. Union of India & Ors, the court ruled that Section 148A of the Code only pertains 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.
| Caveat under Section 148A of the code applies to only civil proceedings in India. |
Some Common Mistakes Made During the Filing of a Caveat Petition
- It is critical to remember that a caveat can only be filed against an application; it is frequently mistakenly filed in support of an application as well
- Caveator’s failure to recall to deliver a notice on the applicant is not legal. Thus, under Section 148A of the Civil Procedure Code, serving a Notice is required
- Even after the date of expiry has passed, Caveators frequently claim that the order is invalid since the notice was not given. It is vital to note that a new caveat must be submitted after 90 days.
Duties of the Court when a Caveat Petition Is Filed
Once the caveat is lodged and notice is served on the Caveat Application , the court’s role begins. Clause (3) of the Section requires the court to deliver a notice on the caveator when a caveat is lodged and any application is filed in any suit or proceeding. This means that once the caveator has filed the caveat stating that he wants to be represented and an actual application has been filed within the next 90 days, the court will serve a legal notice to the caveator informing him that the application that he expected has been filed and that the caveator thus has the right to be heard before the court.
Contents of a Caveat Application 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
Caveat Petition Format
One can find the format to file a Caveat Application petition in Delhi by following the link given below. If you have any queries regarding the same reach out to our expert team on Vakilsearch.
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