Caveat Petition

What is Caveat Petition?

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.

Benefits of caveat petition

• Finding the best lawyer as per your case and facts is one of the advantages.
• Preparing a checklist of documents for filing caveat applications.
• The lawyer will draft a caveat application on your behalf.
• At every step of the filing, till the end, you shall be informed of the updates of the caveat petition.
• Keeps track of the lawyer assigned to you so that you face no troubles.
• Your caveat application will be filed without any issue.

Checklist Requirements of Caveat Petition

Duration of Caveat

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.

In which court can a Caveat be filed?

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.

When is a caveat filed? Why do people file caveats?

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:

• To clarify the caveator’s address
• To place on record his aim to engage in the processes
• To prevent any ad-interim order or injunction being passed without his appearance to defend his case

What is Caveat Filing?

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.

Who can file a caveat?

• Any person who requires a right to resemble before the court can register a caveat.
• When an application is expected to be made or has already been made,
• In any action or maintaining organized, or about to be initiated.

Documents required for caveat petition

• Index
• Form To File Caveat Signed By Advocate on Record (AOR) Containing
  Cause Title And Case Number
• Name of The Court Appealed From
• Date of Impugned Judgment
• Designation of The Authority
• Court Fees (Applicable In Civil Matters)
• Vakalatnama And Memo of Appearance

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