Caveat Petition

Caveat Petition

May 29, 2019

1744

What is a Caveat Petition?

Caveat is a Latin term which translates to ‘let the person be aware’.

Meaning:A caveat is a warning or caution given by a party to the suit to the court not to take any action or grant any relief to the applicant without notice being given to the party lodging the caveat.

Objective

The objective of a caveat is to

Protect a person against whom a suit or proceeding may be instituted.
Safeguard the interest of the parties
Affording an opportunity to be heard
Avoid multiplicity of proceedings

Applicability: Caveat is applicable to all suits, appeals and other proceedings under the Civil Procedure Code and any other statutes.

Provision: Section 148 A of the Civil Procedure Code, 1908 which was added by the Amendment Act of 1976.

Duty of Caveator:The person who has lodged the caveat must serve a notice of the same to the applicant through a registered post.

Duty of the Court:It is mandatory for the court thatif any application is filed in any suit or proceeding, the Court shall serve a notice of the application on the Caveator.

Duty of the person on whom a caveat is served–It is directive in nature and says that, where a notice of any Caveat has been served on the applicant, he shall furnish, at the expense of the Caveator.

A copy of the application made by him.
Copies of any paper or document which has been filed by him in support of his application.
Copies of any paper or document which may be filed by him in support of his application.

Who may Lodge a Caveat: A caveat may be lodged by any person who has a right to appear before the court where an application is expected to be made or has been made in any suit or proceedings which have been instituted or which are going to be instituted.