What is Caveat Petition?
A person can file a caveat petition as a preventative step when they suspect someone will file a lawsuit against them in court. In layman terms it is a notification, which advises the court that another person may file a lawsuit against him, and requires the court to give the Caveator (the person who filed the Caveat) a fair hearing prior to ruling on any issue brought before it in the appropriate case. It was added to the Civil System Code of 1908 under Section 148A with the help of the 54th report of the Law Commission of India and was made a part of the CPS Act 104 of 1976.
Benefits of caveat petition
- You get time to find the best attorney for your case and gather all the facts
- Creating a list of necessary paperwork for submitting caveat applications
- A caveat application will be written by the attorney on your behalf
- You will be updated on the caveat petition's status at every stage of the filing process, all the way to the final
- keeps track of the attorney who has been assigned to you so that no problems arise
- The Caveat avoids numerous procedures
- No ex-parte orders may be issued against the caveator going forward
- It is one of the most easiest and cost effective option
- In case the opposing party initiates a legal procedure the court will not grant permission without hearing the caveator
- If the caveator is not notified before the order is passed, it is not enforceable.
Time Period of Caveat
The caveat petition continues in effect for three months. If the opposing party does not file a lawsuit during this time, you must resubmit your petition to the court.
Where Can You File a Caveat Petition?
A caveat may be brought before the supreme court, the high courts, the appellate courts, and the primary civil court of original Jurisdiction. The judiciary for minor reasons is included in this. This applies to all areas where a designated civil court has been granted authority (such as courts, commissions, and forums directly under the administration of such a civil court).
The notice of the caveat must thereafter be served on everyone who might consider initiating legal action. Any form of application appeal or process formed in front of the court will not be taken into advance without hearing from the caveator. A law dictates that copies of the reports submitted with the court application must likewise be given to the caveat. This ensures that the caveator's petitions will always be considered before issuing any interim orders.
Who Can File a Caveat Petition in India?
When a caveator thinks that another group may take legitimate activity against them in the immediate future, the caveat is documented. Some of the justifications for submitting a caveat, some of which include:
- To more clearly identify the caveator's address
- Providing declaration regarding the personal intent to be a part of the proceedings
- To avoid the issuance of any ad-interim orders or injunctions without his presence to provide a defence
How Do I File a Caveat?
The caveat is entirely within its rights to contact the Apex court. One can either do it alone or engage someone to properly draft and file the caveat petition with the court. A copy of the caveat petition should be sent to every person against whom the caveat is filed. If the opposing party brings a civil complaint against one, the court will not issue an ex-parte order but will instead issue an important notice requiring the party to appear in court and respond. However, in this situation, one must be prepared to file an answer on very short notice and be totally prepared to present the case to the court right away.
Who Can File a Caveat?
Anyone who needs a right to appear in court may file a caveat. When a request is anticipated to be made, has already been made, when an action is being maintained, is about to be started, or when a request has already been made. The following aspects have to be provided while filing a caveat petition.
- Index form to file caveat,
- Advocacy on Record Signed (AOR) Containing / Cause, case number and the title
- Contested judgement period
- Name of the court appealed from
- Caveat petition court fee designation of the authority (Applicable In Civil Matters)
- Vakalatnama and the appearance memo.
Documents Required for Caveat Petition
The following documents have to be signed by the Advocate on Record (AOR) for submission
- Court Name Appealed From, Case Number, and Reason
- Vakalatnama and Memo of Appearance, title
- Fees for the court (applicable in civil cases)
- Establishment of The Authority
- Date of the Disputed Decision
Procedure for Filing a Caveat Petition
1. The Caveator should sign both the affidavit and petition
2. The petition should be submitted along with an impugned order, if any
3. The Caveator should also submit a vakalatnama, which authorises the Caveator's lawyer to represent them in the proceedings
4. The proof of service of notice of Caveat must be submitted to the Court, which shows that the Caveator has informed the relevant parties about their caveat
5. All relevant documents, such as contracts, agreements, deeds, or any other relevant papers that support the caveat, should also be attached to the petition
6. The affidavit should contain all the essential details related to the case, such as the facts and circumstances leading to the caveat, the rights and interests that the Caveator seeks to protect, and the legal provisions under which the caveat has been filed
7. The affidavit should be duly attested by an authorised person, such as an oath commissioner or a notary public
8. The Caveator must ensure that all the documents and affidavits are in the prescribed format and comply with the court's rules and regulations
9. The Caveator must also ensure that all the information provided in the petition and affidavit is accurate, true, and complete to the best of their knowledge.
Checklist of Caveat Petition
- The case number, any petitions, and any appeals
- The place where the court that will rule on the caveat will sit
- Detailed information about the pending legal action or appeal
- List of appellants or litigants who may be involved
- The caveat is being made by The Caveator (name)
- Complete address of the place where RPAD delivered the caveat notice to the other parties
- Address of Caveator used to facilitate notifications following registration.
Why Vakilsearch?
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