A caveat petition is submitted in accordance with Civil Procedure Code Section 148. In general, the word caveat means “a warning or caution, beware.” It’s a common phrase in the legal field to alert someone to the possibility of a hidden issue. In the legal context, it refers to a formal notice or warning that an interested party has given to a judge, court, or ministerial officer to express opposition to certain acts that fall under their purview and authority. A caveat, according to the court, is essentially a warning or caution issued by someone to the court telling it not to make any decisions or ex-parte orders without first notifying the person who can be called a caveator or without hearing from them.
WHO CAN LODGE A CAVEAT?
The caveat can only be filed by someone who asserts their right to appear in court, regardless of whether they are a party to the lawsuit. It is important to remember that although someone else can initiate the lawsuit, an outsider cannot do so. Upon becoming aware of the filing of the application, any individual with the right to appear in court may file a caveat.
Alternatively, no caveat may be filed by someone who is interested in the temporary relief for which the application has been filed. A copy of the caveat must also be filed and properly registered in the name of the caveator or the advocate acting on the caveator’s behalf.
DOCUMETNS REQUIRED FOR FILING A CAVEAT
1. The caveator must sign the caveat petition. On the other hand, if the Caveator is being represented by an advocate, the advocate may also sign it; in that instance, Vakalatnama must be included.
2. The caveat that the court has received must be entered into the caveat register in the form of a lawsuit, proceeding, or any other format that the court specifies. The Court maintains a Caveat Register that contains the date and number of proceedings.
3. The Caveat must be submitted to the court together with a copy of the application, proof of dispatch, and an explanation that the parties to the lawsuit have already received a duplicate copy of the Caveat petition.
4. To file a caveat, a court fee of Rs 100 is typically required. Although the process may vary for various courts, all courts adhere to the same formats and procedures.
It is crucial to remember that the following procedures must be completed in order to file a Caveat Petition with the High Court:
a. Each and every petition must be accompanied by an affidavit that has been signed by the caveator.
b. In addition to the other required paperwork, the court will also need to receive a vakalatnama, which is documentation of the notice of caveat being sent to the other party and any orders that have been contested.
The following details must be included in any caveat or notice that the caveator gives to the court:
1. The caveator’s name and address so that the court can send notice or information to them
2. Name of court where the caveat is lodged.
3. The status of any lawsuits or appeals.
4. Details about the lawsuit or appeal that is expected to be filed.
5. The names and contact information of the applicant who may file an appeal or serve as the respondent or plaintiff.
IF THE APPLICANT OR COURT FORGETS TO GIVE NOTICE TO THE CAVEATOR
It is crucial to remember that any order or decree that has been passed without notice is void if the applicant or the court fails to notify the caveator who filed the caveat petition.
To sum up, the petition that Caveator filed is precautionary in nature; it is filed by those who anticipate that a case will be brought before the court against him, and if an order is made without taking his opinion into account, he may suffer consequences. If an application is made within ninety days of the caveat being filed, the court must notify the caveator of the application; otherwise, the judgement rendered by the court will be enforceable against the parties.