Caveat Petition

Incorporated under Section 148A of Civil Procedure Code, 1908, the Indian Law defines caveat petition as a precautionary measure taken by a person who holds a strong fear or uneasiness that some or the other case against him/her is going to be filed in the court of law regarding any manner. Caveat is basically a Latin word which means ‘let a person beware’. 

Procedure for Filing a Caveat Petition before the Courts

Under Clause 1, a caveat petition can be filed by a person who claims to hold the right of appearing before the court in either of the following situations:
  1. Wherein it is expected to make an application,
  2. Wherein already the application has been made,
  3. In a proceeding or suit which is already instituted,
  4. In a proceeding or suit which is going to be instituted.

Duties of a Caveator

Clause 2 states the duties of a caveator. A caveator is a person who has lodged the caveat. Caveator needs to serve the notice of caveat by an acknowledgement due and registered post either on the person who has made the application or is expected to make an application.

Clause 3 states the duty of the court in case of caveat petition. Once a caveator lodges a caveat under clause 1, wherein any application is filed in a proceeding or suit then the court will serve a notice of the application on the caveator. 

Duties of the Applicant/ Person filing the Caveat

Clause 4 states the duties of the applicant. Once the notice of any Caveat has been served on the applicant then he/she needs to mandatorily present the following documents on Caveator’s expense: 
  • Application copy made by applicant,
  • Copy/copies of document or any paper filed by the applicant supporting his/her application,
  • Copy/copies of document or any paper which may be filed by the applicant supporting his/her application. 
As per Clause 5, the life of a caveat petition is 90 days from the date of lodging the petition.

It is advised to seek legal advice from a Litigation Lawyer or Indian lawyer for issues pertaining to Caveat petition in Delhi, Mumbai, Chennai, Bangalore, Hyderabad, Pune, Goa, Kolkata, Ahmadabad, Gurgaon or Noida.

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