Caveat Petition – Documents and Procedure

The word caveat means let him beware.

The word petition means a request made to an official person for example Court or Board to seek relief.

Background

The word caveat is a Latin word that originated in the Sixteenth Century.

Reference of Caveat Petition in Indian Law

Caveat petition can be filed under Section 148A of the Civil Procedure Code, 1908.

What is the need to file a Caveat Petition?

Following are the benefits to file a caveat petition

•  Courts cannot pass any order against the petitioner (person who has filed a caveat petition) without giving him the notice.
•   If the above notice is not sent then the court's order is not executed.
• It gives the petitioner an opportunity of being heard before the court passes any decision against him i.e. to prevent ex-parte orders.
•  It gives the petitioner the time to collect relevant facts.
• One can get rid of several procedures.
•  It is a cost effective option.

Validity of caveat petition

A caveat petition is valid for not more than three months.

If the opposing party does not file the suit within three months than resubmission of the petition is to be made for renewal of the same.

Where can a caveat petition be filed?

Following are the forums before which caveat petition can be filled:-

•  The Supreme Court of India
• The Appellate Courts, and
• The Primary Court of Original Jurisdiction

Who can file a caveat petition?

Any person who has a reason  to believe that any other person can file a suit against him may file a petition in the court or any other relevant authorities which implies that the person filing the petition has interest in the subject matter and an intimation shall be sent to him before any order is passed.

Contents of caveat petition

Following are the contents of caveat petition

•  Name of the court
• The case or appeal number as the case may be
• Name of the caveator
• Details of the case or appeal
• Name of the expected opposite party
• Address of the caveator
• Address of the opposite party (in case the caveat notice is sent by the post)

Are caveat petitions and legal notice the same?

No, caveat petitions and legal notices are not the same. Following are the differences between the caveat petition and legal notice: -

 Documents required to file caveat petition

Following are the documents required to file a caveat petition: -

•  Index
•   Application to file caveat petition along with the signatures of Advocate on Record which shall contain the following: -
  • Cause title and case number
  • Name of the court to which appeal is made
  • Date of impugned judgment
  • Designation of the authority
  • Particulars of the order etc.
  • Court fees applicable in civil matter
  • Vakalatnama and memo of appearance
  • Memo of parties
  • In case caveator is a person
  • Interlocutory permission to appear and argue in person supported by affidavit and application for   requisite court fees
  • Copy of valid identity proof

Procedure of filing a caveat petition

• Person filing caveat petition shall sign affidavit and petition mandatorily
• The caveat petition shall be annexed with the impugned order
• The caveator shall also submit Vakalatnama which authorizes the lawyer who represents the petitioner
• The proof of service of notice of caveat must be submitted to the court which shows that the caveator has informed the relevant parties about their caveat
• All relevant documents shall be annexed with the petition.
• The affidavit shall contain all important and essential details related to the case such as the facts and circumstances leading to the caveat.
• The affidavit should be duly attested by an authorized person such as an oath commissioner or a notary public.
• The caveator must ensure that all the documents and affidavits are in the prescribed format and comply with the court’s rules and regulations.
• The caveator must also ensure that all the information provided in the petition and affidavit is accurate, true and complete to the best of their knowledge.

Frequently Asked Questions: -

1.   Who can file a caveat?

• A person who is filing a caveat shall have a legitimate proof or shall be a person who in law can file a petition.
• It cannot be filed by a person who doesn't have legal standing.

2.  Who cannot file the caveat petition?

A third party who is not part of the case cannot file a caveat petition.

3. Is it mandatory to file a caveat petition by a lawyer?

•  No, it is not mandatory to file a caveat petition with the court by a lawyer.
•  One can file the caveat petition either by himself or with the help of the lawyer.

4. Do we need to send the caveat petition to someone?

Yes, the person filing a caveat petition shall send the caveat petition to each person against whom the caveat is filed.

5. How many times can a caveat petition can be filed?

• There is no such number for filing a caveat petition.
• Although a caveat petition once filed shall be valid for not more than Ninety days.
• Once 90 days expired renewal of the petition is required

6. Can the caveat petition be withdrawn?

Caveat petitions can be withdrawn at any time by the person who has filed the petition.

7. What is the implication of withdrawal of the caveat petition?

The caveator can file the petition again on the same matter and against the same person only with prior approval of the court.

8.Can the caveat petition be challenged?

The caveat petition can be challenged by the party against whom it is filed by filing a vacate petition.

9. Can a caveat be canceled?

•  A written application shall be made to the Registrar of Titles to remove the petition.
• It shall be annexed with supporting certificates.

10. Can a caveat petition be dismissed?

The High Court stated that simply filing a Caveat does not stop a Court from using their power to pass an order, irrespective of whether the Caveator was informed or not. Since CrPC does not have any provisions for it, Caveat petitions are not maintainable and shall be dismissed if filed in criminal matters.

11.   Can someone file a caveat petition in interim order?

Yes, any person affected by the interim order can also file a caveat petition.

12.   Can a caveat petition be filled in a criminal case?

• There is no provision of filing a caveat petition in Criminal Procedure Code 1973.
• Hence caveat petitions are not maintainable in criminal cases.
• Although a person can file anticipatory bail in a criminal case.   

Difference between Caveat Petition and Anticipatory Bail

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