Overview

A caviate is a Latin word that originated in the middle of the 16th century, meaning 'let a person be careful'. The caviate petition is a preventive measure that people usually take when they have a very strong fear that certain cases may be filed in court in relation to their notice.

In law, especially in probate, it can be understood as a notice that specific action cannot be taken without notifying the person who issued the notice. A warning can be recognized as a warning. It was inserted under section 148A in the Code of Civil Procedure of 1908 (with the approval of the Law Commission of India's 54th Report) and was enforced by the CPC (Amendment 104) Act of 1976.

The term 'Caveat' is not defined in the Code. Nevertheless, in the case of "Nirmal Chand v. Girindra Narayan," the Court had well-defined Caveat's word. They said that "Caveat is a meditation / alert or warning, given by a person to take any action or to relieve the other party without giving them an opportunity to listen and without giving notice to the cavator.

Provisional Purview

Section 148A:- Right to lodge a caveat.

• Any person, when required to be made on the application / in the proceedings of the court, can claim 'right to appear' in the court before hearing the application.
• A person by whom a 'caviate' has been filed (hereinafter cavator) where a caviate has been filed under sub-section (1), a notice of caviate shall be given by registered post, acknowledgment liability, person . Those whose application is or is expected to be.
• If an application is filed in a suit or proceeding, after a caveat has been filed under sub-section (1), the court will serve a notice of application on behalf of the 'cavator'.
• If the applicant is given any notice of any warning, that person shall immediately present the cavator at the expense of the cavator. This should be done along with a copy of the application or paper or document which can be filed by him in subsistence of the application.
• After the expiry of ninety days from the date on which it is filed under sub-section (1), the CAVIT shall not apply. This should be until the application mentioned in 'Sub-section (1)' is made before the expiry of the prescribed period.

Benefits

Getting the best lawyer according to your facts and case is an advantage in itself. However, there are some other benefits of filing a cavity petition with servzone, which are as follows: -

• At each stage of filing, you will be notified of the Cavite Petition update until the end.
• A caviate protects the benefits of a cavator. Cavitt is now equipped to face suits or proceedings that are dependent upon being offered by the opponent.
• From this time on, no pre-emptive orders should go against the Caviator, as the Caveat survives a variety of procedures.
• It saves expenses and convenience of the courts in this manner. It also saves the cost of the Cavite.
• If the opposing party registers the application / process for temporary orders, the court cannot pass an 'ex-parte interim order' to the adverse party without hearing the party.
• If the command is passed without warning, the command is unrecoverable.

Where can a Caviate petition be filed?

The person can file a petition for the caviate in any of the civil jurisdictions of the original jurisdiction, the Appellate Court, the High Court and the Supreme Court, as and when the cavator hopes to file future legal proceedings against him. Also, in such cases, civil courts may include tribunals, forums, courts of small courts and commodities.

According to the case of “Deepak Khosla Vs. Union of India & Ors”, The Court held that a petition made under 'Article 226' of the Constitution of India cannot be caveated against or only petitions made under the Code of Criminal Procedure and Section 148A apply to civil proceedings.

What are the common mistakes while filing a cavity?

Some common mistakes made while filing a cavity are:

• It is important to remember that caviet can only be made against an application, as it is often seen as filed in support of an application, which is false.
• If the cavator forgets to give notice to the applicant, it is not acceptable. It is mandatory to provide service under section 148A
• of CPC
• Even after the expiration period, the caviters often claim that the order is false because notice was given. It is necessary to remember that after 90 days, a new caviate must be filed.

checklist

• Appeal no. / Petition / lawsuit, if it exists.
• Address of the court where the cavity is to be decided.
• Brief features of the suit / appeal are expected to be filed.
• Names of the viable appellants / plaintiffs.
• The person is making the Caveat (Caveator’s name).
• Complete Address where notice of Caveat transferred by RPAD to the other people.
• Caveator’s Address for the support of the notice when it is registered.

Who can give a warning?

As per section 14AA, the person filing the suit has the right to appear before the court in relation to the suit. Therefore, it can be said that any person can file a caviate, whether it suits a party or not. Consequently, if in any way they are related to the suit in question, the caviate may also be filed by third parties.

In the case of “Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma,” the principle has been laid down that a caveat cannot be lodged by a person who is a total stranger to the case. Moreover, a caveat may be filed by any person claiming a right to appear before the Court, which signifies that this clause is substantive by nature.

Is it necessary to issue notice?

The Court is required to give notice of such an application to Caviter. It refers to applications that are made in a lawsuit or legal proceeding after the filing of a petition. The applicant is required to provide a copy of the application made by him to the cavitor at the cost of the cavitor. This should be done when the applicant has been given notice along with any document or paper that has been submitted along with the application. Further, if the court or the applicant disobeys the caviate and does not notify the cavitor, the decree or judgment is nullified and void.

In the case of “C.G.C Slddalingappa v. G.C Veeranna,” On filing a notice, the applicant who filed a cavity was hired. The matter was decided on a later date without informing the appellant about the same. Therefore, the Court held that the provision regarding notice under Section 148A (3) is mandatory and non-compliant, similar to the very object of Section 148A for the cavity petition.

Required Documents

• Filled Index
• Form to File Caveat Signed by Advocate on Record (AOR) containing the following agendas. Those are as follows:-

  1. Name of The Court Appealed From

  2. Case Number And Cause Title

  3. Vakalatnama And Memo of Appearance

  4. Court Fees (Applicable In Civil Matters)

  5. Designation of The Authority

  6. Date of Impugned Judgment

Procedure

There are five essential elements in the section to follow the process of filling the cavity petition. They are as follows: -

Clause 1 - Who Can Advocate The Cavite? :

Any person claiming the right to appear before the court, where (a) an application is expected to be made, (b) where an application has already been made, (c) a suit or Is established in proceedings, (d)) in a proceeding or litigation that is about to be instituted - may advocate a caviate petition. It is also known to be original by nature.

Block 2-Driver Functions:

This section is known for directing in nature. The person - by whom the caviate is filled, is called a cavitor. He shall: - (a) Notice of cavity with acknowledgment due to the post registered, (b) on the person by whom the said application has been made (c) or is expected to be made.

Clause 3 - Court Duties:

The Court shall serve a notice of the application on behalf of Caveator if any application is filed after filing Caveat ‘under Clause 1’. This section is also known to be mandatory by nature.

Clause 4 - Applicant's Duties:

He / she will submit at the cost of cavitor, if the applicant is given notice of any caviate. It is also known for directing in nature. The documents below are required to be submitted when applying.

• A copy of the petition made by the person.
• Copies of any document or paper that ‘has been’ and ‘Maybe’ filed by him in the sustenance of his application/petition.

Clause 5 - Life of the Cavite Petition:

The date on which it was filed, the period of the petition is stated to be 90 days. The only exception is that the clause ceases to exist if the application is made before the said period or already exists.

Following steps: -

• Enclose an affidavit with the Caviate petition. Cavitor should sign both the affidavit and the petition;
• The above order (if any), vakalatnama, and proof of service of the notice of the caviate must be submitted to the court, together with the documents mentioned above.

Servzone Procedure

A caviate petition is a preventive measure commonly considered by people when they are having a very strong apprehension that some matter may be filed in court regarding their notice. Therefore, the caution petition will be prepared with careful consideration, and plenty of time should be allowed for all stages of drafting and submission. It is advised that an attorney with significant 'litigation experience' be appointed to avoid any potential potential pitfalls within your caviate petition.

Servzone advises you to get in touch with an advisor to understand the requirement in detail. Initial information will be mandatory from your end to start the process. After providing all the information, the lawyers will start working on your document and payment will be received. Also, you will get the first draft of your authorized document within a few days. You can evaluate the document, and intimate it for improvement in case of any amendment.

Why Servzone?

Servzone is one of the platforms that coordinates to meet all your legal requirements and continuously connects you with professionals. Yes, our clients are pleased with our legal service! Due to our focus on simplifying legal requirements, they have consistently treated us highly and provide regular updates.

Our clients can track progress on our platform at all times. If you have any questions about the Caviate petition for the filing and drafting process, our experienced legal advisors are just a phone call away. You can take care of the lawyer assigned to you so that you do not face any problem. Your caveat petition will be filed without issue. Servzone will ensure that your communication with professionals is attractive and seamless.