Legal Advice

How Do You Draft a Caveat Petition

A caveat petition is a preventative measure taken up by people when they apprehend that a legal suit or case may be filed against them in the Court, and hence they wish to be notified with respect to the orders pertaining to the same before being passed.

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The Civil Procedure Code, 1908 based on the approvals of the Law Commission of India’s 54th report introduced the provision of a caveat under Section 148A. Although the Act chooses to be silent about the definition of the word caveat, the court defined the term in the case Nirmal Chand v Girindra Narayan. It stated that a caveat is a warning given by a person to a Court in order to prevent it from taking any specific action or granting relief to the opposition without giving the caveator an opportunity to be heard.

Difference Between a Caveat Petition and a Legal Notice:

Although a legal notice and a caveat petition are both used to notify the other party regarding the subject matter of concern, both differ significantly. The major differences are brought down below:

No Caveat Petition Legal Notice
1 A caveat is filed when someone apprehends that a suit may be initiated by an opposite party against them A legal notice is served when a person faces some action of unjust nature and wants to take legal action against the person who causes it
2 A caveat encompasses the details pertaining to the suit or proceeding that is expected to be initiated or already instituted against the caveator A legal notice consists of the facts and particulars related to the adversities or grievances faced by the party issuing it to the opposite party seeking appropriate remedy from the latter
3 A Caveat is a prophylactic measure pursued by the caveator against a party who is expected to initiate legal proceedings. It acts as a warning to the Court as to not take any action without giving the caveator an opportunity to be heard

A legal notice serves as a warning to the opposition before proceeding with any kind of legal action against them

 

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A caveat is issued to the Court A legal notice is issued to the opposite party
5 A caveat petition is valid for 90 days from the date of filing A legal notice specifies the date or time limit within which the opposite party has to address the grievance, failing on which legal proceedings will be initiated against them

KNOW MORE ABOUT CAVEAT PETITION

Caveat Draft Format

Memorandum of Caveat Petition

(Under Section 148-A and order 52 C.P.C)

In the High Court of Judicature at ———– (Madras)

Caveat Petition No:

Mr/Ms ———-

Aged ——— years

Occupation ———-

Residing at ———— (Complete Address of the Caveator)

Vs

Mr/Ms —————

Aged ——— years

Occupation ———-

Residing at ———— (Complete Address of the Expected Caveatee/Appellant/Opponent)

The Caveat petition on behalf of the caveator hereby submits:

  1. 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).
  2. 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.
  3. 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.
  4. 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 application which the Court deems appropriate.
  5. Any order which the Court deems fit in the interest of justice may please be passed.

Place:

Date: –/–/–

COUNSEL FOR CAVEATOR                                                                             CAVEATOR

 

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