In this article we take a look at the caveat petition and the powers it equips a person with when they file a caveat petition.
Introduction
The first amongst the three principles of natural justice states ‘Audi alteram partem’ meaning to hear the other party in Latin. In other words, no one should be judged without being heard first. And this is taken very seriously in our judicial system. But because of systemic and procedural red tape as well as long and tedious formalities, there can be a considerable time lag before a person is given a chance to speak and to be heard. This lag can cause major inconveniences toa defendant and many times the time lag can also be used as a tool of harassment. And even if the court is aware of such mala fide intentions, it cannot prove them and has to follow the written law granting the plaintiff the injunction or the relief he or she seeks. So in order to counter the plaintiff, the Civil Procedure Code (CPC) has provided section 148A. Learn More about what is the strengths of a Caveat Petition
But What Is a Caveat? Let’s Take a Look.
What Is A Caveat Petition?
A caveat petition is a petition filed at the court by any individual informing the court that he or she is likely to be named or affected in an application or suit that has already been filed or is about to be filed and he or she would like to be notified in case that happens. They also inform the court that he or she would like to participate in said hearing and would like to defend themselves if necessary.Let’s take a look at section 148A of the CPC and what it says.
148A. Right to Lodge a Caveat.
(1) Where an application is expected to be made, or has been made, in a suit or proceedings 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.
This means that a caveat can be filed by any person with regards to any case, ongoing or imminent, where they feel they have a right to be present. Of course, this right to be present has to be justified in the petition. And the right to be present comes if either the person becomes party to a case or an application in a case or the judgement or order or injunction is likely to affect them even though they have not been named in the case.
(2) Where a caveat 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 caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be, made, under sub-section (1).
This section lays down the rule that for a caveat petition to be valid, the caveator has to notify the parties mentioned in the caveat regarding the submission of the caveat application along with the application or acknowledgement number.
(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court shall serve a notice of the application on the caveator.
This section outlays that once the caveat petition has been successfully processed, the court will notify the caveator that the application is valid and the caveat is now active.
(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator’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.
This section says that once the parties that have been named in the caveat have been notified of the caveat application, they will have to furnish the copies of any application or case filed, as anticipated in the caveat, to the caveator along with copies of any other documents that are submitted with the application. The section also says that the cost of such communication will have to be borne by the caveator.
(5) Where a caveat has been lodged under sub-section (1), such caveat 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.
This section lays down the statute of limitation for a caveat at ninety days. This means that the caveat is valid for a period of ninety days from the date of notification from the court to the caveator. Within this period of 90 days, the court will service the caveat by keeping a track of the caveats anticipatory requests. If the petition is with regards to an ongoing case, the court will keep track of that particular case and all the applications being filed in that case to see if the matter anticipated in the caveat materializes.
If the caveat is with regards to a case, suit or application that is likely to be filed, then the court keeps a lookout in all new applications filed to see if the caveats anticipated matter materializes. The court will however carry out these activities only for a period of 90 days. Beyond that, the court will stop servicing the caveat and the caveator has to file a fresh caveat to continue the servicing of the matter.
Strengths Of Caveat Petition
Once a person files a caveat, he or she gains certain jurisdictional advantages. Let’s take a look at these.
- Once a caveat is filed, and the matter anticipated in the caveat materializes, the court cannot proceed with the matter without notifying the caveator regarding the development. Every development in the matter has to be notified to the caveator for a period of ninety days
- The strength of a caveat petition allows the caveator to skip many procedural formalities. For instance in a case where there is no caveat, a person is notified of the case or application against him or her after the court has accepted the application. The defendant then has to respond to the court in the prescribed manner and appear in the court to be heard by the judge on the next date set aside by the judge. But if a caveat has been filed, then the judge will notify the defendant that the plaintiff is going to be heard for allowance of the case application and the caveator can be present and say what they want to say right then and there so as to avoid the time lag between hearing what the plaintiff has to say and what the defendant has to say. This is extremely helpful because the time lag between the two can sometimes run into months, given the caseload of the courts in our country.
- If a court does pass an order or an injunction in a case that has been anticipated in a caveat without notifying the caveator, the order can be voided on appeal. This is a very powerful feature of a caveat as there aren’t many judicial tools that hold a court responsible to this extent. But because a caveat directly deals with one of the primary principles of natural justice, it can evoke this measure in foundation.
Conclusion
The knowledge of the existence of judicial tools is very limited amongst the working class. Knowing how they can be used or what their purpose is can be very handy information in harboring yourself from malicious judicial action. But the truth is such information is only available to seekers. There is no program to actively enlighten the common man regarding these.
This lack of initiative of course stems from the lack of enthusiasm from the public, as they have no time for such things. So it is always wise to consult a legal expert every time you plan on doing something new or something you are not sure about. They may be able to equip you with the right legal tools to help you proceed or simply protect you from any trouble. If you are looking for a legal consultant to clear any legal doubts or queries, get in touch with Vakilsearch and we will connect you to the right expert.
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