What is Caveat Petition under Section 148 A?
The Caveat Petition
Do you know what is caveat petition? The Latin phrase caveat meaning is “Let a person beware”. which first appeared in the middle of the 16th century. People typically file a caveat petition as a prophylactic step when they have a good suspicion that the court may receive certain cases relating to their notice in some way.
In the legal system, particularly in probate, it may be interpreted as a warning that certain acts must be conducted in consultation with the person who issued the notice. It's possible to identify a caveat as a warning. It was added by the CPC (Amendment 104) Act of 1976 under section 148A of the Civil Procedure Code of 1908 (hence, the Code), which was approved by the Law Commission of India in its 54th Report. There is no definition of "Caveat" in the Code.
Nevertheless, the Court has clearly defined the term "caveat" in the case of "Nirmal Chand v. Girindra Narayan." "A caveat is an attention/cautious, warning or legal threat, provided by a person to the Court in a condition not to take any action or award relief to the other side without providing an opportunity for him to be heard and without giving the caveator notice," they stated.
What advantages come from submitting a caveat petition?
- You will be updated on the caveat petition throughout the entire filing process.
- The advantage of the caveator is protected by a caveat. Now that the opponent is attempting to begin legal action or other proceedings, The Caveat is ready to take them on.
- As the Caveat avoids a number of procedures, no ex-parte orders may be issued against the caveator going ahead.
- In this way, the courts are more convenient and cost-effective. Additionally, it oversees how the Caveat is used.
- If the opposing party files an application or follows the procedures for temporary orders, the court may not grant the opposing party any "ex-parte interim order" without first hearing the caveator.
- The order is not enforceable if the caveator is not informed before it is passed.
What are the Caveat Petition's Checklist and Requirements?
- The case number, petition, or appeal, if any.
- Where the court that will rule on the caveat is located.
- Brief details of the lawsuit or appeal that will be filed.
- names of potential plaintiffs or appellants.
- The Caveator (name) is the one who is making the caveat.
- Complete the address where RPAD sent the other parties notice of the caveat.
- Address of Caveator for the purpose of supporting the notice after registration.
What paperwork is needed for a caveat petition?
The following agendas are included in a completed and signed Index Form to File Caveat. These are listed below:
- Name of the Court Appealed from,
- Case Number and Cause Title
- The Memo of Appearance and Vakalatnama
- Court Fees (Applicable In Civil Matters)
- Authority's Designation
The judgment's due date Date of Impugned Judgement
What are the steps involved in submitting a caveat petition to the courts?
The caveat petition section must contain five components in order to be filled out properly. The following are those:-
Clause 1: Who May Lodge A Caveat?
Any person asserting a right to appear before the court may file a caveat petition in any of the following situations: (a) where an application is predicted to be made; (b) where an application has already been made; (c) in a suit or proceeding already instituted; or (d) in a proceeding or litigation that is about to be established. It is also recognized for having a substantial nature.
Clause 2: Caveator Duty
It is well-recognized that this clause has a directive tone. The person who filled out the caveat is referred to as a caveator. He must do the following: (a) Serve notice of the caveat on the party who submitted the application and (b) notify the party who is likely to submit the application.
Clause 3: Court's Obligation
In the event that an application is submitted after the Caveat was filed "under Clause 1," the Court shall provide notice of the application on the Caveator's behalf. Also known as being required by definition, this clause.
Clause 4: The Applicant's Responsibilities
If the applicant has received notification of any caveats, he or she shall provide at the expense of the caveator. It is also well known to have a directing quality. The following documents must be provided while applying.
a copy of the person's petition. copies of any papers or documents he "has been" or "may have" filed to support his application or petition.
Clause 5: Duration Of A Caveat Petition
The petition has a 90-day life starting from the day it was filed. The only exception is that the clause expires if the application is already in existence or was submitted before the specified period.
When submitting a caveat petition to the Delhi High Court, follow these instructions: • Attach an affidavit to the caveat petition. Both the petition and affidavit must be signed by the caveator, and the court must also receive the impugned order (if applicable), the vakalatnama, and documentation of the caveat's notice of service.
Our Role in submitting the Caveat Petition
- Our consultants will educate you concerning each and every aspect of the caveat petition. Including how to get it. JR’s skilled consultants will assist you in filling out the application form for submitting it.
- We will ensure a smooth procedure by ensuring proper documentation and evaluation.
- The professional consultants of JR Compliance will provide you with proper guidance during the registration procedure.
- In case of queries, we will provide you with the best possible solution for your concerns regarding the caveat petition.
To conclude, JR Compliance can assist you in submitting a caveat petition by ensuring proper documentation, evaluation, testing, etc. Moreover, to make our client understand each aspect of it, we will educate you regarding the same.
additionally, late document submission, or filling in false information in the application form can delay the process.
Thus, to avoid such inaccuracy contact our expert and experienced team immediately for professional assistance and support in the caveat petition.