Caveat petition is filed in the court as a prudent measure which is initiated by people usually when
they are having a very strong belief that some case is going to affect their interest in any manner.
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A caveat is a Latin phrase that means 'let a person beware'. When a person has an apprehension that someone is going to file a case against him in the court, he can go for a precautionary measure i.e. Caveat Petition. It is a notice notifying the court that another person may register a suit or application facing him and that the court must provide the Caveator (the person filing the Caveat) a decent hearing before choosing any matter brought before it in the appropriate case.
In the civil system code of 1908, it was entered under Section 148A by the support of the law commission of India’s 54th report and was included by the CPS Act 104 of 1976.
For 3 months, the caveat petition remains in force. And, if during this period no case is filed by the opponent party, then you need to file a petition again in the court of law.
A caveat can be filed in a principal Civil Court of original jurisdiction, an appellate court, the high courts, and the supreme court. This includes the court of small causes. This involves all such fields which are entrusted with the powers of a designated civil court (such as courts, commissions and forums that are under the direct control of such a civil court.
The caveat shall then have to serve the notice of such caveat to those who possibly may institute such legal proceedings. Hence after the filing of a caveat and serving report to the proper parties, any application, appeal or any process that is established before the court shall not proceed without the caveat being in person or through a lawyer. The law also mandates that the caveat has to be provided with copies of the reports being filed along with the application to the court. This guarantees that no interim orders are given without hearing the caveator’s pleadings.
A caveat is filed when the caveator assumes some judicial action will be against him by another party, in the next future. There are many reasons for filing a caveat, some of these are:
The caveat has every right to approach the Apex court. The caveat is valid for 90 days from the date of filing. One has the caveat petition correctly drafted and file it in the court, or retain the services to do the same.
The notice of caveat along with a copy of the caveat petition to be sent to each person facing whom the caveat has been registered. In case the other side files any case facing one in the civil court, the court shall not give an ex-parte order but declare him an important notice to look before the court and respond. However, in such a case, one has to be adapted to file his answer at very short notice and be also completely ready to quickly argue the matter in the court.
How is a caveat canceled?
The registrar may cancel a caveat on the receipt of Form 14 Generic request if:
The registrar must give 7 days to the caveator before canceling the caveat.
Who receives notice of the caveat?
The registrar must give signed notice of the caveat to all persons whose concern, or those right to the filing of dealing on the title, is affected by the caveat.
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