A caveat application is filed by when they apprehend that someone is going to pursue civil litigation against them. Read more to know about the format of caveat application and more.
The term caveat has its inception in the mid-16th century, which means ‘let a person beware’ in the Latin language. A caveat is a notice document issued to the court by a person stating that another person may file a suit or application against him and that the court must give the caveator (person submitting the caveat) a fair hearing before considering any point presented before it in the case.
|The Supreme Court stated that just filing a caveat does not entitle caveators to be considered as parties to the action. While considering a request by the Central Indian Police Service Association to intervene in a Special Leave Petition on the basis of caveat applications filed by them, Justice Aniruddha Bose made this observation.|
Objective of the Caveat Application Filing Process
The goal of a caveat petition is to allow everyone to be heard in court so that they can present their side of the story in front of the judge. Anyone can file a caveat petition to defend their rights or to stop the ex parte order.
|When someone suspects that a civil case may be brought up against them, they file a caveat petition, requesting that the court notify them of any action that may be taken against them.|
The Supreme Court of India described a caveat in the case of Nirmal Chand versus Girindra Narayan as a caution provided to the court by the caveator that no judgement or order should be passed against him without providing him notice and an opportunity to be heard in court.
The Benefit of the Caveat Application Filing Process
- A caveat serves to protect the caveator throughout legal processes. When you present a caveat, it assures that the caveator is well-equipped to combat the opponent’s suit or processes
- No ex-parte order can be made against a caveat once it has been filed since it permits the caveator to circumvent multiple procedures
- The caveat saves money while simultaneously improving accessibility to the courts
- By submitting the caveat, the caveator is kept informed about the procedures until they are completed
- The court will not grant an ex-parte interim injunction without first hearing the caveator if the opposition files an application with the court asking for temporary relief
- It is void if an order is issued without notifying a caveator.
Experts at Vakilsearch provide legal advice and handle more than 1000 companies’ legal processes, as per the experts these are the documents you should provide while filing for a caveat.
- Caveat petition signed by the caveator
- Cause Title And Case Number
- Name of The Court Appealed From
- Date of Impugned Judgment
- Designation of The Authority
- Memo of Appearance
- When an advocate represents a caveator, the advocate can sign the petition and attach the vakalatnama to it
- The caveat must be entered in the required form in the caveat 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
Format of Caveat Application
Memorandum of Caveat Petition
(Under Section 148-A and order 52 C.P.C)
In the High Court of Judicature at ———– (Karnataka)
Caveat Petition No:
Aged ——— years
Residing at ———— (Complete Address of the Caveator)
Aged ——— years
Residing at ———— (Complete Address of the Expected Caveatee/Appellant/Opponent)
The Drafting the Caveat petition Format on behalf of the caveator hereby submits:
- Pray that no ex-parte order may be passed in the Suit/Case/Application for the purposes of recovery orders by the opponents named above in the honorable High Court of——, against the caveator in connection with …………. (subject matter to be mentioned).
- The caveator’s and the opponent’s address for the service of summons/notices of this suit/application is as stated in the title clause of this application.
- The Caveator hereby undertakes to forthwith serve a copy of this application pertaining to the Suit/Case to the opponent above-named by registered post with acknowledgment and to file proof of such service.
- Any interim application filed in the suit by the opponent against the Caveator in this Hon’ble Court may pleased be notified to the Caveator before passing any order in such Caveat application which the Court deems appropriate.
- Any order which the Court deems fit in the interest of justice may please be passed.
COUNSEL FOR CAVEATOR CAVEATOR