A caveat petition does not grant any proprietary interest. Its goal is to preserve the caveator's rights. now learn about its Caveat Petition Valid.
The caveat helps to defend and protect the interests of those individuals against whom an order may be issued as a result of an application submitted by an aggrieved party in a suit or action. Furthermore, the person or people filing the caveat petition is not required or required to be a party to the suit. As a result, those who are not parties to the suit but are impacted by the order issued are also eligible to petition for caveat. Here get details about How Long Is a Caveat Petition Valid.
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The following qualifications are required of a caveator, according to sub-section (1) of Section 148-A: 1. A person who advances the application for interim relief has the right to appear before a court proceeding through the application of a caveat. 2. It can be filled by both necessary and proper parties. 3. A person who is affected by the court’s order but is not a party to the case may also make an application for a caveat. |
A caveat filed under Section 148A of the Code of Civil Procedure, 1908 is normally valid for 90 days from the date of filing. Furthermore, after 90 days, a caveat filed may be renewed. Furthermore, any judgement or order issued without providing such notice or without affording the Caveator a sufficient chance to be heard would be declared null and invalid And Long Is a Caveat Petition Valid
Duration of a Caveat’s Validity
A filed Caveat validity for 90 days, as specified in clause 5 of section 148-A. If the application is filed within 90 days, the court, together with the petitioner, must notify the caveator.
However, if no application is filed within 90 days, no one is required to tell the caveator; if the application is filed after the 90-day period has ended, the caveat filed is null and void. However, if the Caveator still wishes to be warned about the issue that has been or is about to be filed, a fresh caveat must be submitted for the next 90 days is Caveat Petition Valid.
| A Caveat Petition can be filed in the Original Jurisdiction’s Civil Court, the Appellate Court, the High Courts, and the Supreme Court. Furthermore, the laws, regulations, and format of the Caveat Petition are nearly the same in most Courts. |
Content to Be included in a Caveat
The format for submitting a Caveat differs according to different courts of law. However, the following information are usually included in the caveat application’s basic framework:
- 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
- Vakalatnam
- 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 each court
Where Can a Caveat Petition Be Filed
Caveats can only be filed in civil proceedings filed before courts created under Section 9 of the CPC and any other similar apparatus that hears civil proceedings, as the presence of the concept in the CPC suggests according to Caveat Petition Valid. Therefore, a caveat may be filed in any of the following forums:
- Original Jurisdiction Civil Court
- Appellate Court
- High Court
- Supreme Court
It can also be filed in a variety of civil court contexts, such as Tribunals, Forums, Commissions, and Small Causes Courts. If you need any legal advice reach out to our experts at Vakilsearch.
Caveat Petition: What You Need to Know
- The court cannot make a decision without first informing the caveator.
- It safeguards the caveator’s right to be heard in court.
- A caveat petition validity has a three-month statute of limitations (90 days). Meaning that a caveat petition is only good for 90 days. After 90 days, the caveat petition will no longer be valid. As a result, if an applicant files an application with the court after 90 days of filing a caveat petition, the court is not required to notify the caveator for Caveat Petition Valid.
- The court must notify the caveator if a civil petition is filed against him in connection with the matter described in the petition.
- Any order or judgement issued by the court against the caveator will be unenforceable in the absence of information.
- A caveat petition cannot be filed against criminal proceedings for a writ petition under Article 226 of the Indian constitution.
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