A Caveat Petition signed by the Caveator must be delivered to the authorised Court Officer, together with the Vakalatnama. Now learn more about it
Filing a caveat petition is supported by Section 148A CPC is to allow parties to be properly heard by the court . This provision ensures that no ex-parte interim orders are issued by the Court while demonstrating why an interim order should not be issued and the process should not be allowed. The rule so requires the court to hear the Caveator before issuing any interim injunction against him.
| As established in Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma, a caveat cannot be brought by someone who is a stranger to the matter. |
The Consequences of Not Notifying the Caveator
The plaintiff, applicant, or appellant, as the case may be, and the Court negotiate the admission of a suit, application, or appeal. However, the caveat application stipulates that no order affecting the Caveator may be issued without first giving him an opportunity to be heard. When a caveat is filed, it becomes a Condition Precedent for any interim order issued by the Court that affects the Caveator.
| It should be noted that a Petition for Filing a Caveat must be signed by the Caveator, who must have given it to the authorised Court Officer together with the Vakalatnama or Undertaking of the appointed Advocate for the prospective proceedings who will represent the Caveator. |
Where Can I File a Caveat?
The Court of Original Jurisdiction, the Appellate Court, the High Courts, and the Supreme Court can all file a caveat. The Caveat’s rules and format are nearly identical in most Courts. The Caveat must include the Caveator’s name and address, the name and address of any potential applicant/ plaintiff/ appellant, the nature of legal proceedings expected to be filed in the future, the subject matter of the proceedings, a brief description of any previous proceedings from which the current proceedings will reap, and so on.
Duration of the Caveat Petition Filing Process
The caveat is in force for 90 days, as stipulated under the clause 5 section. If an application is filed within these 90 days, both the court and the applicant are required to inform the caveator. If no caveat is submitted during the 90-day term, no one is required to inform the caveator, and the caveat becomes null and void if the application is filed after the period has ended. If the caveator still wishes to be alerted, a fresh caveat must be filed for the following 90 days.
Documents Required for Filing a Caveat Petition
- Caveat petition signed by the caveator
- When a caveator is represented by an advocate, the Lawyer can sign the petition and attach the vakalatnama to it
- The caveat must be entered in the required form in the Caveat Petition register, which is kept by the court and include 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
Benefits of Filing a Caveat
- It protects the caveator’s fundamental right to be heard
- An ex parte order can be issued against the caveator as soon as he submits a caveat petition
- It avoids the number of cases as well as the bother to the courts
- If the interim order was issued ex parte, it is unenforceable.
Mistakes Made While Filing a Caveat
The following are the most common faults or errors made when submitting a Caveat —
- A Caveat Petition cannot be filed in support of an application. Furthermore, it is important to recall that a caveat can only be filed in opposition to an application;
- Typically, in the event of caveat filing, the Caveator sometimes forgets or is unable to serve a notice to the applicant, which is likewise required and mandated under Section 148A of the CPC.
- Moreover, in general, Caveator can not claim that a court order or judgement was erroneous if the notification was delivered after the expiration date had elapsed. Here it is important to note that after 90 days, a new caveat must be submitted.
Conclusion:-
Section 148A of the Code of Civil Procedure, 1908 is substantive in nature and gives any person or individual who has apprehension or fear that a case against him has been filed or is about to be filed in a court in any manner, the right and power to lodge or filing a caveat in the court. Furthermore, a caveat may be submitted only in civil procedures, not in criminal proceedings. If you have any queries reach out to Vakilsearch.
Read more:-
