Complete knowledge of Caveat provisions is essential in order to fight your legal battles with ease. Here are 5 things you need to know.
Concept of Caveat Petition
When a person anticipates that a legal suit or procedure will be launched against him, he may submit a caution petition in any civil court, including small courts, tribunals, and so on, subject to it possessing original jurisdiction, or in any appellate court and benefits of caveat
| It is crucial to note that Section 148A of the CPC only applies to civil proceedings; it does not apply to criminal proceedings or petitions filed under Article 226 of the Indian Constitution, as determined by the Court in the case of Deepak Khosla v. Union of India & Ors. |
The following are 5 things you need to know about filing a caveat –
Prerequisites of Filing a Caveat Petition
Section 148A of the CPC establishes the right to file a caution if any of the following conditions are met:
- When an application is expected to be filed in connection with a suit or proceeding that is about to be launched or initiated
- When an application has already been made in relation to any suit or proceeding that has already been initiated and is still pending.
Effect of Caveat Petition
The duty of notifying the Caveator by the court arises after the caution has been duly lodged and a notice of the same has been served to the applicant who has already initiated proceedings or is expected to initiate proceedings against the Caveator and Benefits of caveat under Section 48 A. It is vital to remember that if the Court or the applicant fails to provide Legal notice to the cautioncaution or who filed the Caveat petition, the decision or decree issued without providing notice becomes null and void.
A Stranger to a Suit Cannot File a Caveat Petition
Right to file a benefits of caveat is substantive in nature since even a third party to the suit, but not a stranger to the litigation, can file the caution if he has the right to present in court. The Court has ruled in the case of Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma that a complete stranger to the litigation or proceedings cannot submit a Caveat petition.
Forum for Filing a caution
One may file a caution in any of the following:
- Civil Court of Original Jurisdiction
- Appellate Court
- High Court or
- Supreme Court.
It may also be filed in a wide range of civil judicial settings including Tribunals, Forums, Commissions, and Courts of Small Causes.
| As the presence of the concept of caution in the CPC indicates, it can only be submitted in civil proceedings filed before courts created under Section 9 of the CPC and any other such apparatus that hears civil proceedings. |
Limitation on Filing a Caveat Petition
According to Section 148-A(5), after filing a Caveat, it will be in effect for 90 days, during which the Court and the cautionee are expected to notify the caveator. However, if the Caveator wishes to be notified before the court takes any action even after the expiry of that period, the Caveator must submit a fresh caution within the 90-day period while the prior Caveat is still in existence.
Also, Read:
