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 case against him/her will filed in the court of law regarding any something . Caveat is basically a Latin word which means ‘let a person beware’.
There are 4 essential ingredients to the section to follow the procedure for filling of Caveat Petition. Those are as follows:-
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:
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 registered and posted 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 a 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.
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:
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.
There are few benefits of filing a Caveat Petition, which are as follows:-
Follow the steps below while filing a petition of Caveat in Court:-
The Court has to compulsorily give notice about such an application to the Caveator. It applies to applications which are made in any suit or legal proceeding after a caveat petition is filed. At the expense of the Caveator, the applicant is expected to be made available a copy of the application made by him to the Caveator. It has to be done when a notice has been served on the applicant, along with any documents or papers that may have been submitted along with the application. Further, the decree or judgment passed becomes null and void in nature if the Court or applicant disregards the caveat and does not notify the Caveator.
A caveat has a validity of 6 months. If not renewed, then it will cease to exist 6 months after it was lodged by an individual. If it is renewed, it will continue to exist for a further 6 months, and it can be renewed an infinite number of times.Copyright 2022 – Helpline Law
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