Looking to understand the meaning of the term caveat under the Civil Procedure Code? Look no further, as we’ve got you covered.
Caveat Under Civil Procedure Code
The caveat petition is filed in accordance with Section 148 of the Civil Procedure Code. In general, a caveat denotes ‘a warning or caution, beware’. It is a frequent term in law that is intended to warn someone that there may be a hidden problem. Caveat Under the Code of Civil Procedure
It is defined in law as a formal notice or warning sent to a court, judge, or ministerial officer by an interested party in opposition to particular conduct within his or her competence and jurisdiction. The Court views a Caveat as a caution or warning issued to the court by a person that the court should not pass any judgment, or ex-parte order/order without prior notice or without hearing the person who is known as a caveator. And get details about legal notice for caveat
Need for Caveat Under the Code of Civil Procedure
It is necessary to comprehend the concept of caveat and its ramifications in order to determine when to lodge a caveat or what to do if a caveat is lodged against you. A caveat is a right granted to a party in legal proceedings to avoid ex-parte rulings or judgments. For example, suppose Raj owns a piece of land and wishes to build a house on it, which he has obtained permission from the town to do. However, Mr Aniket, Raj’s neighbor, is dissatisfied with his decision and argues that he owns a portion of the ground where the work would take place. Mr Raj, in anticipation, may file a caveat against Aniket in a competent suit, requesting that the court provide him with notice whenever Y makes such an application And caveat in cpc
The filing of such a caveat entitles Raj to be told by the court as well as Mr Aniket about any application that is being or is about to be filed, and any order issued by the court that without such notice is null and void. You can know What is Caveat Petition for Businesses.
Content to Be included in a Caveat
The format for submitting a Caveat varies depending on the norms and practices of the various courts of law. However, the following details are typically included in the fundamental framework of a Caveat Application:
- The caveat’s effective date.
- The caveator’s name and address.
- Particulars about the complaint filed or likely to be filed, such as the names of the Plaintiff and Defendant, as well as the number of cases filed before the court of law Action.
- Vakalatnama.
- A copy of the contested order (if applicable).
- An affidavit in support of the lodged Caveat.
- A copy, postal evidence, and an application stating that the notice was duly served on all persons involved must be attached to the application. Both the petition and the Affidavit must be signed.
- Court fees, normally not exceeding a hundred rupees, have to be paid simultaneously with the application, subject to the rules imposed by the each court.
Caveat application under Section 148A of CPC
1 .A Caveat application under Section 148A of CPC is a legal tool used to protect a party’s interest in an appeal proceeding.
2 .By filing a caveat under Section 148A, a party can ensure that they are notified before any order or judgment is passed in an appeal proceeding.
How to break the caveat petition ?
- A Caveat Under the Code of Civil Procedure can be broken by filing an application to vacate or withdraw the caveat.
- The application must be filed in the appropriate court and must contain specific grounds for vacating or withdrawing the caveat.
- The court will consider the grounds presented in the application and may vacate or withdraw the caveat if it deems it necessary.
- Breaking a caveat petition can be a complex process, and it is advisable to seek the advice of a legal professional before taking any steps to vacate or withdraw a caveat.
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