Caveat Petition- An Overview

A Caveat Petition is a legal precaution derived from the Latin term "caveat," meaning "let a person beware." Originating in the 16th century, this petition allows an individual who anticipates a possible legal case against them to file a request with the court to be notified before any action is taken on the matter.

Commonly used in probate cases, a Caveat Petition acts as a formal notice to prevent certain legal actions from proceeding without first informing the petitioner. In India, the concept was officially incorporated under Section 148A of the Civil Procedure Code, 1908, by the CPC (Amendment 104) Act of 1976, following recommendations from the Law Commission’s 54th Report.

If you anticipate any legal action against you, file your Caveat petition today without delay, with the assistance of FastZeal’s network of lawyers, ensuring seamless legal protection.

What is a Caveat Petition?

A caveat petition is a petition filed by a person who is worried and has an apprehension that someone might file a case against that person in court. It works like a precautionary measure where a notice shall be sent to the caveat petitioner when a respective court is about to take legal action against that person. However, this petition is filed only for civil-related matters.

Although the term is not defined in the Code, its function was clarified in Nirmal Chand v. Girindra Narayan, where the Court described it as a warning to the court, ensuring no relief is granted to the opposing side without notifying and hearing the caveator.

In simple terms, a caveat petition is a notification to the court informing it that someone might file a lawsuit against the applicant in a specific jurisdiction. It ensures that the court gives the applicant (caveator) a fair opportunity to be heard before making any ruling on the matter.

Caveat Petition Format

Have a look at the caveat petition format-

• Memorandum of Caveat Petition (Under Section 148-A and Order 52 C.P.C)
• In the High Court of Judicature at ---(Karnataka)
• Caveat Petition No: ]
• Mr/Ms:
• Aged: Years
• Occupation:
• Residing at: (Complete Address of the Caveator)
• Drafting the caveat petition format on behalf of the caveator hereby submits:

Pray that no ex-parte order may be passed in the case/suit/application for recovery orders by the opponents named above in the honorable high court of ---- against the caveator in connection with -----(subject matter to be quoted).

The caveator’s as well as the opponent’s address for the service of notices/summons of this suit/application is as stated in the title cause of this application.

The caveator hereby undertakes to immediately serve a copy of this application about the case/suit to the opponent above- named by registered post with acknowledgment and to file proof of such service.

Any interim application filed in the suit by the opponent against the caveator in this honorable court may please be notified to the caveator before passing any order in such caveat application which the court deems appropriate.

Any order which the court deems fit in the interest of justice may please be passed.

1. Place:
2. Date:
3. Counsel for Caveator:
4. Caveator:
5. The caveat petition format is likely to vary on the basis of the requirements of the authority or court.

What are the Benefits of Caveat Petition?

The benefits of the Caveat Petition are as follows:

• It facilitates a time to find the best lawyer for the case and collect all the necessary facts.
• Creating a list of the necessary paperwork for submitting the caveat application.
• Such caveat petition shall be drafted by an advocate on behalf of an applicant.
• Every stage of the caveat petition shall be kept updated throughout the final stage.
• A caveat safeguards the caveator's interests by allowing them to prepare for any anticipated legal actions from the opposing party.
• Once filed, a caveat prevents any ex-parte orders (orders without prior notice) from being issued against the caveator.
• This protection minimizes unnecessary legal procedures, saving time and reducing costs for both the court and the caveator.
• If the opposing party applies for temporary orders, the court must hear the caveator’s side before issuing any interim order.
• Any order made without notifying the caveator is considered unenforceable, ensuring the caveator’s right to be heard.
  
  
  

  Where Can the Caveat Petition be Filed?

  One can file a caveat petition in India in the following forums or court:

  1. The Supreme Court of India
  2. High Court Caveat Petition
  3. The Appellate Courts of India
  4. The Civil Courts of Original Jurisdiction

  Checklist for Filing Caveat Petition

  The checklist for filing caveat petition is as follows:

  • Name of the Court Appealed From
  • Case Number and Cause Title
  • Vakalatnama and Memo of Appearance
  • Court Fees (Applicable in Civil Matters)
  • Designation of the Authority
  • Date of Impugned Judgment

Eligibility Criteria for Filing a Caveat Petition

The caveat petition section 148A of the Civil Procedure Code (CPC) allows anyone connected to a suit, including third parties, to file a caveat and appear in court. Here given below are the eligibility criteria for the same:

1. Name of the Court Appealed From
2. Case Number and Cause Title
3. Vakalatnama and Memo of Appearance
4. Court Fees (Applicable in Civil Matters)
5. Designation of the Authority
6. Date of Impugned Judgment

Caveat Petition Filing Procedure

Here, given below are the caveat petition filing procedures in India before the respective court.

1. Firstly, draft caveat petition through the advocates or lawyers.
2. The applicant must sign both an affidavit and the petition, as required.
3. The petition must include any impugned order, if applicable.
4. It must be accompanied by a Vakalatnama and an authorization letter from the lawyer representing the caveat petitioner.
5. Proof of service of the caveat notice to the relevant parties must be submitted with the petition.
6. All necessary documents should be attached to the caveat petition.
7. The affidavit must include all essential details related to the case, including the facts and circumstances for filing the caveat petition.
8. The affidavit must be duly attested by an authorized person, such as an oath commissioner or notary public.
9. To avoid discrepancies, the petitioner should ensure all documents and affidavits comply with the prescribed caveat petition format and court rules.
10. The petitioner must ensure that all information provided in the petition and affidavit is accurate, true, and complete to the best of their knowledge.
    
    

    Difference Between Caveat Petition and Legal Notice

    The difference between caveat petition and legal notice is as follows:

    1. A caveat petition is filed by a person who believes that a lawsuit may be filed against him or her in the concerned court. On the other hand, a legal notice is sent by a person who has an intention to file a lawsuit against another person.
    2. A caveat petition is a preventive measure where a person who filed a caveat petition is notified by a court when a case is filed against him in the concerned court. Whereas, a legal notice is a formal communication that serves as a warning to the other party that legal action may be taken if specified conditions are not fulfilled within a timeframe.
    3. A caveat petition is filed in the court, whereas a legal notice is sent by one party to the other.

    What are Caveat Petition Charges?

    The professional caveat petition charges usually depend from case to case. However, the basic charges start at Rs. 10,000/-.

    What is the Time Limit of Caveat Petition?

    The time limit for a caveat petition is valid for ninety days from the date of filing. However, after the expiration of ninety days, a fresh caveat petition must be filed by the caveat petitioner.

    Services Offered by FastZeal for Caveat Petition

    The list of services offered by FastZeal for caveat petition is as follows:

    1. Caveat Petition

    We shall help in preparing and filing a caveat petition in the courts of India.

    2. Caveat Petition in Transfer Petition Case

    Our network of attorneys also assists in filing transfer petitions from one state to another before the High Court and Supreme Court accordingly.

    3. Caveat Renewal

    We shall also assist in filling a caveat renewal after the expiry of 90 days in case the opposite party has not yet approached the concerned court.

    4. Other services

    At FastZeal, we also facilitate through our Attorney networks to file various legal petitions like Special Leave Petition, Bails, Appeals, and Curative Petition across India.

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