anyone can lodge a caveat, it may be issued without first giving him an opportunity to be heard. Now learn more about it!
A caution may also be filed by anybody, whether or not they are a party to the claim, as long as the person filing the caveat has the right to appear in court in connection with the action in question. If a third party is connected to the suit in any way, they can likewise file a caveat. To summarise, Section 148 is substantive in nature, and anyone claiming the right to appear before the Court may file a caution. Here in this blogs tells about Section 148A Right To Lodge A Caveat.
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148-A: Right to lodge a caveat.— (1) Where an application is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, in a court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof. (2) Where a caution has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as “the caveator”) shall serve a notice of the caution by registered post, acknowledgement due, on the person by whom the application has been, or is expected to be, made, under sub-section (1). (3) Where, after a caution has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court shall serve a legal notice of the application on the caveator. (4) Where a notice of any caution has been served on the applicant, he shall forthwith furnish the caveator, at the cautioncautionor’s expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application. (5) Where a caveat has been lodged under sub-section (1), such caution shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period. |
What is the Definition of a Caveat
A caveat petition is a document filed by the caveator instructing the court that no judgement or order should be issued against him without first giving him proper notice and an opportunity to be heard. In layman’s words, it is a request to the court not to act on a specific issue raised in the caution petition without first informing the caveator.
Validity of a Caveat Filed
A caution submitted remains in effect for 90 days, as stipulated by clause 5 of section 148-A. If the application is submitted within the 90-day period, the court, together with the applicant, must notify the Caveator.
However, if no application is made within 90 days, no one has a legal need to notify the Caveator, i.e., if the application is lodged after the 90-day period has expired, the caution filed is null and invalid. However, it should be noted that if the Caveator still wishes to be notified about the matter that has been filed or is due to be filed, a new caveat must be submitted for the following 90 days.
Who May Lodge a Caveat Petition
The following qualifications are required of a caveator, according to sub-section (1) of Section 148-A:
- A person who advances the application for interim relief has the right to appear before a court proceeding through the application of a caution.
- It can be filled by both necessary and proper parties.
- 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 caution.
Essentials of a Caveat Petition
The Code provides no uniform and regular form for the caveat petition. However, it is recommended to file a petition for filing caution in the form of a normal petition with all of the exact circumstances and particulars of the applications. Furthermore, the Caveator must indicate his legal entitlement to appear before the court in the caveat petition.
Furthermore, for the necessity of entries, the stamp reporter or the registrar is obliged to keep a register in which all caveat filings are recorded.
Where Can a Caveat Petiton Be Filed in India?
A Caveator may lodge or submit a caveat petition in any Civil Court of original jurisdiction, as well as the Appellate Court, High Court, and Supreme Court. Furthermore, the word Civil Courts include Forum, Tribunal, Small Causes Courts, and Commissions.
However, it was held in the case of Deepak Khosla v. Union of India & Ors that Section 148A of the Code of Civil Procedure, 1908, can only be applied to civil proceedings and not to petitions filed under the Criminal Procedure Code or any petition made under the provisions of Article 226 of the Indian Constitution. Get touch with vakilsearch for more details .
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