A caveat petition format has to be followed while filing it in the district court, now learn more about the same.
A caveat petition is a preventive action taken by a person who expects that another person may file an application in a suit or proceeding filed or about to be filed against him or her in court. It’s a formal notice that a person receives prior to any legal action being taken against him or her. A ‘caveat’ is a Latin term that roughly translates as ‘let the reader beware.’ Go through all details about Caveat Petition Format
The caveator is the individual who files the caveat petition. The caveator submits a caveat appeal, asking the court to notify him if another person makes an application in a suit or action against him.
The Advantages of Submitting a Caveat Petition
The following are some of the advantages of filing a Caveat Petition:-
- A caveat protects the caveator’s advantage. The Caveat is now ready to face the litigation or processes that the opponent intends to bring forth.
- Since the Caveat avoids a number of procedures, no ex-parte order can be issued against him from now on.
- It avoids the potential for additional costs and annoyance to the courts. It also protects Caveat’s expenditure.
- If the opposing party submits an application/procedure for temporary orders, the Court may not provide an ‘ex-parte interim order’ without first hearing the caveator.
Can you File a Caveat Petition in Criminal Cases?
Because the substantive law governing criminal proceedings, the Code of Criminal Procedure, does not include a caveat. As a result, an applicant’s right to file a caveat is void. There will be no consequences because the right to file a caveat in a criminal proceeding lacks legal Document / support. As a result, no order may be granted to recall admission or stay orders in criminal proceedings because of the filing of a caveat petition.
Caveat Petition Requirements
- If there is one, the appeal number/petition/suit
- The address of the Court where the Caveat will be resolved
- Suit/appeal briefs are scheduled to be submitted
- Name of the appellants/plaintiffs
- Caveator’s name is the individual who is making the Caveat
- Complete address where RPAD distributed a notice of the Caveat to others
- When the notification is registered, the caveator’s address will be used to support it.
Caveat Petition: Central Aim
Caveats are used to guarantee that ex parte orders are not issued and that the caveator’s interests are protected. Caveat also reduces the number of proceedings, which reduces the court’s workload and brings the matter to a close. In Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma, the court determined that no caveat can be filed by a total stranger to the case because the proviso’s goal was to save the court money and time.
Section148-A further aims to avoid the occurrence of repeated legal proceedings. An individual who is the subject of an order based on an application filed in a suit or proceeding in which he is not a party must take legal action to have the order overturned. Anyone who would be affected by an order made on such an Caveat Petition Format might file a caveat to oppose it.
Caveat Petition: Where Can It Be Filed
Caveats can only be filed in civil proceedings filed before courts created under Section 9 of the CPC and any other similar apparatus that hears civil proceedings, as the presence of the concept in the CPC suggests from Caveat Petition Format. Therefore, a caveat may be filed in any of the following forums:
- Original Jurisdiction Civil Court
- Appellate Court
- High Court
- Supreme Court
It can also be filed in a variety of civil court contexts, such as Tribunals, Forums, Commissions, and Small Causes Courts.
Caveat Petition Format: Document Requirements
- Filled Index
- Form to file caveat signed by the Advocate on Record (AOR) containing the following documents:
- Name of The Court Appealed From
- Cause Title and Case Name
- Vakalatnama And Memo of Appearance
- Court Fees (Applicable In Civil Matters)
- Designation of The Authority
- Date of Impugned Judgment
Caveat Petition: Things to Know
If the opposing party makes an application in a suit or action after the caveat is filed, the court must serve the caveator with notice of the application. The caveator will receive notification of the application by Caveat Petition Format , and the applicant will receive the caveat appeal. The applicant must serve the caveator with a copy of the application as well as the documents submitted with the court.
The caveat petition is only good for 90 days. After 90 days, the caveat petition will no longer be valid. As a result, if an applicant files an application with the court after 90 days of filing a caveat appeal, the court is not required to notify the caveator.
To get a Draft of a caveat petition format for the district court, get in touch with Vakilsearch’s veteran professionals.
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