What is Caveat Petition?
It means be aware, it is a Latin word. Caveat is a warning given to a court by a party in which it is said that the court should not give any relief to the opposition party without sending notice to the applicant, nor take any action. It is a kind of defense taken by a party. The caveat is filed under Civil Procedure Code 148 (a). The person who files the caveat is called a caveator.
As I told you, the caveat petition is filed under Civil Procedure Code, section 148 (a). In Indian court, caveat petition means that you are requesting a court that if a person has filed a case in court. If you have a valid interest, then no order should be passed by the court. In that case, the court will listen to you before passing the order, only then the court will decide.
Caveat Petition is a defense, people take advantage of it when they feel that any action which is related to them can be taken. The time of Caveat Petition is 90 days, that is, the day you file in the Caveat Petition Court, it remains in the effect for 90 days.
If a case is filed in the court within 90 days by the opposing party, then you are informed by sending a notice from the court related to it. Once the time of 90 days is over, you have to file the caveat petition again. You have to mention the name of the opposite party in the caveat petition, on which you suspect that they may take any action against you.
What rights have been granted to the Caveat under Section 148 a CPC?
When someone anticipates that the Opposite Party is about to take action, a Caveat Petition is filed in the same court so that you will be notified whenever the Opposite Party performs any activity in the Court.
Who can file Caveat Petition?
The person who fears that the opposition party will file an application in his suit. Once the caveat is filed, it is the duty of the court to send notice to that caviator and inform the person about the suit that has been filed against him.
What things are generally required to be in a caveat Petition?
First of all it is necessary to have the name of the court where the suit is to be filed. If there is a number in the case, it should also be mentioned on it.
Name of the person on whose behalf the caveat is to be filed.
All the details of the case that is to be filed, and the name of the person who can file a case. The full address of the caveator should be clearly written so that a notice can be sent to him by the court at that address.
No standard form has been provided by the Code regarding the caveat. It would be prudent that the caveat is to be filed as a petition containing all specific details of the applications and also mentioning their right to appear in the court.
It would be pertinent to note that in order to require entries, a register is maintained by the court or registry of the Registry Reporters, in which all the filings of the Caveat are recorded.
Caveator
The caveator is required to deliver a warning notice submitted by him or her via certified post to the person to whom an application is expected to be filed against the caveator for the purpose of granting an interim order. In case of doubt, no notice is served and the court may, at its discretion, waive the warning notice service and allow the warning request without naming the defendant.
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Also Read: Conditions for the issue of Writ of Mandamus
