The caveat application is supported by Section 148-A, and helps the caveator who is likely to face any legal issues , read more about it.
The provision of a caveat was added under Section 148A of the Civil Procedure Code, 1908, based on the recommendations of the Law Commission of India’s 54th report. Although the Act does not define the term caveat, the phrase was defined by the court in the case Nirmal Chand v Girindra Narayan. A caveat is a caution made by a person to a court in order to prevent the court from taking any specific action or awarding relief to the opposition without first allowing the caveator an opportunity to be heard, according to the ruling. Let us read more about the purpose of Caveat in this blog.
148-A: Right to lodge a caveat.—
- Any person who expects to be affected by an application in a court proceeding may lodge a caveat to be heard during the application’s hearing.
- The caveator must serve a notice of the caveat to the person making the application.
- If an application is filed after a caveat has been lodged, the court must serve a notice of the application to the caveator.
- The applicant must provide the caveator with a copy of the application and any supporting documents at the caveator’s expense.
- A caveat expires ninety days after it was lodged unless the application referred to in sub-section (1) is made within that period.
What Is a Caveat?
A caveat is a legal notice or warning lodged by a person or entity in a court of law to prevent certain actions or proceedings from taking place without their knowledge or involvement. It serves as a means for an individual to protect their interests and ensure that they are heard or represented in legal matters that may affect them. By lodging a caveat, the person effectively notifies the court and other parties involved in a proceeding that they claim a right to be heard before any decision or action is taken.
Types of Caveats
There are various types of caveats that can be lodged depending on the jurisdiction and the specific circumstances of the case. Some common types of caveats include:
- Caveat against grant of probate or letters of administration in matters of wills and estates.
- Caveat against the registration of certain documents, such as property deeds or land titles.
- Caveat in family law matters, where one party seeks to prevent the other party from obtaining certain orders or making decisions without their knowledge or consent.
- Caveat in civil or commercial disputes, where a party wishes to be heard before any judgments or orders are made by the court.
- Caveat in criminal proceedings, where a person seeks to challenge the legality of an arrest or detention.
Example of Caveat
For example, in a property dispute where two parties claim ownership of the same piece of land, one party may lodge a caveat against the registration of any documents related to the transfer or sale of the property. By doing so, they notify the land registry and potential buyers or transferees that they have a claim or interest in the property and that any transactions involving it should not proceed without their knowledge or consent. This allows the caveator to be heard in court before any decisions are made regarding the property’s ownership or transfer.
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
Purpose of a Caveat
The lodging of caveats comes under section 148A of Civil Procedure Code. Caveats are normally filed in case of property-related matters.
A caveat does not grant any proprietary interest. Its goal and effect are to preserve and protect a caveator’s rights. It prevents the caveator’s interest from being defeated by ex parte orders in court without first giving the caveator the opportunity to seek court assistance to give effect to the interest secured through the caveat petition. The interest may arise as a result of the application of legal rules and principles, or because it is protected by a special equitable remedy. it is best to have an expert legal advice from Vakilsearch before filing the caveat petition and purpose of caveat petition
Where can a Caveat be Lodged?
Caveats can be brought in a principal Civil Court of first instance, an Appellate Court, the HCs, or the Supreme Court. All courts with the powers of a Civil Court, including Tribunals, Forums, and Commissions, are included in this category.
A caveat informs the court that it must give the caveator or the person who filed the caveat, a fair hearing before ruling on any topic presented before it in the case. The guidelines for lodging a caveat are found in Indian property law and Section 148-A of the Code of Civil Procedure.
FAQs
When should I file a caveat?
A caveat should be filed as soon as the caveator becomes aware of a potential legal proceeding or action that may affect their interests. It is advisable to file a caveat preemptively, especially if there are concerns about the other party seeking ex parte orders or judgments without notifying the caveator.
Why do you need a caveat petition?
A caveat petition is required to formally lodge a caveat with the court or relevant authority. It provides details of the caveator's claims or interests, the reasons for lodging the caveat, and any other relevant information. Filing a caveat petition ensures that the caveat is properly recorded and acknowledged by the court or authority.
How long is a caveat valid for?
A caveat is typically valid for a period of ninety days from the date of its lodging. However, it may be extended by filing an application for extension before the expiry of the initial ninety-day period.
What is the limitation to file a caveat?
There is no specific limitation period for filing a caveat. However, it is advisable to file a caveat as soon as the caveator becomes aware of a potential legal proceeding or action that may affect their interests to ensure timely protection of their rights.
What is caveat fee?
The caveat fee is the fee payable for lodging a caveat with the court or relevant authority. The amount of the fee may vary depending on the jurisdiction and the type of caveat being filed. It is typically paid at the time of lodging the caveat petition.
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Can I File Same Case in Caveat Petition?
