Can a person file a caveat petition numerous time for a single case? is it legal in India? Keep reading on to know more about Filed a Caveat Petition
A caveat is a Latin phrase that means ‘let a person beware.’ In law, it may be interpreted as a notification that certain actions are prohibited unless the person who filed the Caveat is notified. Following the recommendations of the Law Commission of India’s 54th Report, the Civil Procedure Code (Amendment) Act 104 of 1976 introduced the provision of lodging Caveat Petition under Section 148-A in the Code of Civil Procedure, 1908. L Get More details How Many of Times Can be Filed a Caveat Petition
How Many Times a Caveat Can Be Filed in the Same Case
A caveat is valid for 90 days. If it is not renewed, it will expire 90 days after it was filed by a person. It will continue to exist for another 90 days if renewed, and it can be renewed an endless number of times.
Notice in Caveat Petition
When a caveat is filed, the court issues a notice that applies to the caveator. When a notice is given to the applicant, the applicant is required to provide the caveator with a copy of the application, as well as any documents submitted with the application, at his expense. If the court or applicant disregards the caveat and fails to notify the caveator, the declared judgement or decree becomes null and void.
|Clause 2 of Section 148A of the CPC outlines a caveator’s responsibilities. A caveator is someone who has filed the caveat. The caveator must serve the notice of caveat through an acknowledgement registered and placed on the person who has made or is expected to make an application.|
Duties of a Caveator/ Court/ Applicant
Section 148A specifies the rights and responsibilities of the applicant, caveator, and the court. An applicant is required to pay the caveator’s expenses and give a copy of the caveat application and any documents connected to the application. It is the responsibility of the Caveator to serve notice on the individual to whom the application for the issue of an interim injunction is expected to be made by registered mail. The Court is required to issue a notice of the filed Caveat application and allow the Caveator a fair time to object or appear before the court and provide his pleading concerning the interim order in favour of the applicant.
Duration of a Caveat Petition
After the court has rendered its decision or issued an order, a caveat is filed. However, in some limited instances, a caveat is submitted before the judgement or order is issued. The caveat will be in effect for 90 days after it is filed. A new caveat petition can be filed after 90 days.
|As per Clause 5 of Section 148A, the life of a caveat petition is 90 days from the date of lodging the petition.|
Documents Required for Filing a Caveat Petition
- Filled Index
- Form to File Caveat Signed by the Advocate on Record (AOR) containing the following documents:
- Name of The Court Appealed From
- Cause Title and Case Name
- Vakalatnama And Memo of Appearance
- Court Fees (Applicable In Civil Matters)
- Designation of The Authority
- Date of Impugned Judgment
The Procedure of Filing a Caveat Petition
When filing a Caveat petition in court, follow the processes below:
- With the caveat petition, include an affidavit.
- The Caveator must sign both the affidavit and the petition; the contested order, vakalatnama, and proof of delivery of notice of Caveat must be provided to the Court along with the aforementioned documents.
Recent Judgements on Caveat Petition
- On November 28, 2017, Smt Gangamma v. Sri G Dayanandha was adjudicated. The Karnataka High Court determined that the plaint schedule property and the caveat petition schedule property are not the same. Thus, the petition filed by the defendant claiming a right to appear before the Court on the hearing of such a case foresaw danger and interference to the caveat petition schedule property and, as a result, filed a caveat to safeguard the caveat petition schedule property. As a result, the defendant’s memo was dismissed.
- On 7 October, 2020, the Allahabad High Court ruled in Yaseen and 4 Others v. Mahendra Yadav, Naib Tehsildar that the 90-day period during which caveats filed under Section 148-A CPC remain in force shall exclude the lockdown period and the period during which the working of courts and tribunals has remained suspended or disturbed.
- The filing of a caveat does not entitle caveators to be considered as parties to the process, according to the Supreme Court. Justice Aniruddha Bose made this observation while hearing the Central Indian Police Service Association’s request to intervene in a Special Leave Petition on the basis of caveat applications brought by them. Get touch with vakilsearch for more queries.
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