CAVEAT

The caveat petition can be filed under section 148A of civil procedure code 1908. The
caveat is a Latin term which means let a person be aware. A caveat petition follows the rule
of Audi Alteram Partem and it can be filed by any person who thinks that any person has filed
or is about to file civil litigation against him.

A caveat petition is different from a legal notice. A caveat petition acts as a precautionary
measure taken by a person against an expected case against him whereas a legal notice acts as
a warning to the opposite party from a person who is willing to take legal action against that
party.

The caveat petition gives the right of a person to be heard before giving any decision against
him. No court can give the decision or pass the order like stay order etc. against the person
without listening to his side.

Table of Contents
 Caveat Petition Meaning
o Parties under caveat petition
 Key points of caveat petition
 The objective of caveat petition
 When can a person file a caveat petition?
 Where can a caveat petition be filed?
 Filing of caveat petition
 Duties of the court for caveat petition
 The limitation period of caveat petition
 Advantages of filing a caveat petition
 Can any person file a caveat petition?
 Difference between caveat petition and legal notice
 FAQ Related to Caveat Petition
o Who can file a Caveat petition?
o What is the limitation of a caveat petition?
o Can a caveat petition be filed against criminal proceedings?
 Conclusion
Caveat Petition Meaning

A caveat petition is a petition which is filed by the caveator in which he gives the
instructions to the court that no decision or order should be passed by the court against
him without giving him a proper notice or right to be heard in that matter.
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In simple words, it can be understood as a notice given to the court asking not to act in a given
matter in the caveat petition without informing the caveator.

Parties Under Caveat Petition

There are only two parties under the caveat petition which are the caveator and caveatee.

Caveator

A person who has filed the caveat petition in the court that person is known as a caveator.

Caveatee

A person who has filed the suit in the court or is likely to file the litigation against the caveator is
known as a caveatee.

Key Points Of Caveat Petition

 The court cannot pass any order without informing the caveator
 It saves the right of the caveator to be heard before the court of law
 The limitation period of a caveator petition is 3 months (90 days).
 The court is liable to inform the caveator if any e civil petition has been filed against him related to
the matter given under the petition.
 Any order or judgment passed by the court against the caveator without information will become
unenforceable by law.
 It is important for the caveator to send a copy of the caveat petition to the opposite party through
the registered post.
 After the expiry of 90 days, the court is not binding to inform the caveator.
 The caveator can file a fresh petition after the expiry period of 90 days.
 The caveat petition cannot be filed against criminal proceedings for writ petition under Article
226 of the constitution of India.
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The Objective Of Caveat Petition

The objective of a caveat petition is to allow every person to be heard in the court so that the
person can tell his side in front of the court. Any person can file a caveat petition to protect his
rights or to stop the ex parte order.

The caveat petition ensures that the code does not pass any degree against the caveator which
will violate his right.

In the case of Nirmal Chand vs Girindra Narayan, the Supreme Court of India has defined a
caveat as a warning given by the caveator to the court that no judgment or order should be
passed against the caveator without giving him notice or opportunity to be heard in the
court.

When Can A Person File A Caveat Petition?

According to section 148A of the civil procedure code any person can file the caveat petition in
the following situations:

 When an individual apprehends that an individual has filed a case against him in any Court of
law.
 When an individual apprehends that an individual is about to file a case against him in any
Court of law.
In both the given situations, a person can file a caveat petition in court.

Where Can A Caveat Petition Be Filed?

The caveat petition can be considered as anticipatory notice by a person against the legal
proceedings. He can file this petition in any

 Civil Court of original jurisdiction

 Appellate Court
 High Court
 The Supreme Court of India
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Here, the civil courts include all the courts of small causes, tribunals, forums and
commissions.

It means the person has the right to file a caveat petition in any Court.

Filing Of Caveat Petition

There is a prescribed form is it created for the filing of a caveat petition which consists of:

 Name of the court in which the caveat petition is filed

 If there is any suit or petition or appeal has been filed, the number of that appeal or suit.
 The name and address of the person who is filing the caveat petition
 The name and addresses of the opposite party
 Full detail of the matter on which the caveat petition is filed.
 If the caveat petition is being filled in case of appeal or writ petition, then the person should also
attach the copy of that decision against he thinks that the opposite party can file for appeal for
writ petition.
 One copy of a Vakalatnama is attached with the cavity preparation application
 After filing the caveat petition in the court, the caveator must serve the notice of the caveat to
the opposite party by registered post.

caveat-petition Download

After filing the caveat petition in the court, whenever the opposite party files a case, appeal or
writ petition related to the matter given under the caveat petition, the court will inform the
person who has filed the caveat petition. The court does not pass any order without hearing the
person who has filed the caveat petition.

Duties Of The Court For Caveat Petition

When a person files the caveat petition in the court, the code may or may not accept the petition
by giving specific reasons. But if the court accepts the caveat petition, it becomes the duty of the
court to inform the caveator when a case is filed against him. Under this petition it is not the
discretionary power of the court that the Court may or may not inform the caveator, the court
has to inform the caveator if any case is filed against him.
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But after the expiry of 90 days, the court will no longer be liable to inform the caveator of a case
file against him.

The Limitation Period Of Caveat Petition

The provisions related to the limitation period of the caveat petition is given under section 148
(a) (5). According to this section, the limitation period of the caveat petition is 90 days. After
the expiry of 90 days, the caveat petition will be dismissed.

But in a situation where the caveator thinks that the opposite party can file an appeal, litigation
or writ petition related to the same matter, then the caveator has to file another caveat petition.
The limitation period for such a petition will also remain for 90 days.

Advantages Of Filing A Caveat Petition

There are the following benefits of a caveat petition:

 The court cannot pass the ex parte order against the caveator
 It saves the expenses of the caveator
 Any order passed by the court against the caveator without informing him will become
unenforceable.
Can Any Person File A Caveat Petition?

According to the rules related to the caveat petition given under the civil procedure code, any
person who is a party in the suit or not a party in the suit can file the caveat petition. But the
caveator must have the legal right related to that case. He has to give the reasons in the court
that if a person gets the ex parte decree, then how his rights will be affected.

In simple words, in a case where a person does not have any legal rights, cannot file the caveat
petition in the court.

Any third party can also file a caveat petition in the court if the party is connected to the suit in
any manner.
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For example, in any case between landlord and tenant, the subtenant can also file the caveat
petition because any decision given by the court, in that case, will also affect his rights.

In the case of Kattil Vayalil vs. Mannil Peedikayil, the court held that a person who has no
right in the proceedings cannot file the caveat petition.