DPC paper prep

1. Caveat

A caveat petition is a preventative measure taken up by

people when they apprehend that a legal suit or case may be
filed against them in the Court, and hence they wish to be
notified with respect to the orders pertaining to the same
before being passed.

The Civil Procedure Code, 1908 based on the approvals of the

Law Commission of India’s 54th report introduced the
provision of a caveat under Section 148A. Although the Act
chooses to be silent about the definition of the word caveat, the
court defined the term in the case Nirmal Chand v Girindra
Narayan. It stated that a caveat is a warning given by a person
to a Court in order to prevent it from taking any specific action
or granting relief to the opposition without giving the caveator
an opportunity to be heard.
Difference Between a Caveat Petition and a Legal Notice:

Although a legal notice and a caveat petition are both used to

notify the other party regarding the subject matter of concern,
both differ significantly. The major differences are brought
down below:
No Caveat Petition Legal Notice
A legal notice is served when a person
A caveat is filed when someone apprehends that a
faces some action of unjust nature and
1 suit may be initiated by an opposite party against
wants to take legal action against the
them
person who causes it
A legal notice consists of the facts and
A caveat encompasses the details pertaining to the particulars related to the adversities or
2 suit or proceeding that is expected to be initiated grievances faced by the party issuing it
or already instituted against the caveator to the opposite party seeking appropriate
remedy from the latter
A Caveat is a prophylactic measure pursued by
the caveator against a party who is expected to A legal notice serves as a warning to the
3 initiate legal proceedings. It acts as a warning to opposition before proceeding with any
the Court as to not take any action without giving kind of legal action against them
the caveator an opportunity to be heard
4
A legal notice is issued to the opposite
A caveat is issued to the Court
party

A legal notice specifies the date or time

limit within which the opposite party
A caveat appeal is valid for 90 days from the date
5 has to address the grievance, failing on
of filing
which legal proceedings will be initiated
against them

Caveat Draft Format

Memorandum of Caveat petition

(Under Section 148-A and order 52 C.P.C)
In the High Court of Judicature at ———– (Madras)
Caveat Petition No:
Mr/Ms ———-
Aged ——— years
Occupation ———-
Residing at ———— (Complete Address of the Caveator)
Vs
Mr/Ms —————
Aged ——— years
Occupation ———-
Residing at ———— (Complete Address of the Expected
Caveatee/Appellant/Opponent)
Get more infromation about Draft a Caveat Petition
The Caveat appeal on behalf of the caveator hereby
submits:
1. Pray that no ex-parte order may be passed in the
Suit/Case/Application for the purposes of recovery orders
by the opponents named above in the honorable High
Court of——, against the caveator in connection with
…………. (subject matter to be mentioned).
2. The caveator’s and the opponent’s address for the service
of summons/notices of this suit/application is as stated in
the title clause of this application.
3. The Caveator hereby undertakes to forthwith serve a copy
of this application pertaining to the Suit/Case to the
opponent above-named by registered post with
acknowledgment and to file proof of such service.
4. Any caveat application filed in the suit by the opponent
against the Caveator in this Hon’ble Court may pleased be
notified to the Caveator before passing any order in such
Caveat application which the Court deems appropriate.
5. Any order which the Court deems fit in the interest of
justice may please be passed.
Place:
Date: –/–/–
COUNSEL FOR CAVEATOR
CAVEATOR

VAKIL SEARCH
Benefits of caveat petition You get time to find the best attorney for
your case and gather
all the facts
01
02 Creating a list of necessary paperwork for submitting
caveat applications A caveat application will be written by the attorney on
your behalf
Оз
04 You will be updated on the caveat petition's status at every stage of the filing process,
all the way to the final keeps track of the attorney who has been assigned to you so that
no problems arise
05
06 The Caveat avoids
numerous procedures
No ex-parte orders may be issued against the caveator
going forward
07
08 It is one of the most easiest and cost
effective option In case the opposing party initiates a legal procedure the court will not grant
permission without hearing
the caveator
09
10 fthe caveator is not notified before the order is passed, it is
not enforceable

 You get time to find the best attorney for your case and gather all the facts
 Creating a list of necessary paperwork for submitting caveat applications
A caveat application will be written by the attorney on your behalf
 You will be updated on the caveat petition's status at every stage of the filing process,
all the way to the final
 keeps track of the attorney who has been assigned to you so that no problems arise
 The Caveat avoids numerous procedures
 No ex-parte orders may be issued against the caveator going forward
 It is one of the most easiest and cost effective option
 In case the opposing party initiates a legal procedure the court will not grant
permission without hearing the caveator
 If the caveator is not notified before the order is passed, it is not enforceable.

Time Period of Caveat

The caveat petition continues in effect for three months. If the opposing party does not file a
lawsuit during this time, you must resubmit your petition to the court.

Where Can You File a Caveat Petition?

A caveat may be brought before the supreme court, the high courts, the appellate courts, and
the primary civil court of original Jurisdiction. The judiciary for minor reasons is included in
this. This applies to all areas where a designated civil court has been granted authority (such
as courts, commissions, and forums directly under the administration of such a civil court).
The notice of the caveat must thereafter be served on everyone who might consider initiating
legal action. Any form of application appeal or process formed in front of the court will not
be taken into advance without hearing from the caveator. A law dictates that copies of the
reports submitted with the court application must likewise be given to the caveat. This
ensures that the caveator's petitions will always be considered before issuing any interim
orders.

Who Can File a Caveat Petition in India?

When a caveator thinks that another group may take legitimate activity against them in the
immediate future, the caveat is documented. Some of the justifications for submitting a
caveat, some of which include:
 To more clearly identify the caveator's address
 Providing declaration regarding the personal intent to be a part of the proceedings
 To avoid the issuance of any ad-interim orders or injunctions without his presence to
provide a defence

How Do I File a Caveat?

The caveat is entirely within its rights to contact the Apex court. One can either do it alone or
engage someone to properly draft and file the caveat petition with the court. A copy of the
caveat petition should be sent to every person against whom the caveat is filed. If the
opposing party brings a civil complaint against one, the court will not issue an ex-parte order
but will instead issue an important notice requiring the party to appear in court and respond.
However, in this situation, one must be prepared to file an answer on very short notice and be
totally prepared to present the case to the court right away.

Who Can File a Caveat?

Anyone who needs a right to appear in court may file a caveat. When a request is anticipated
to be made, has already been made, when an action is being maintained, is about to be
started, or when a request has already been made. The following aspects have to be provided
while filing a caveat petition.
 Index form to file caveat,
 Advocacy on Record Signed (AOR) Containing / Cause, case number and the title
 Contested judgement period
 Name of the court appealed from
 Caveat petition court fee designation of the authority (Applicable In Civil Matters)
 Vakalatnama and the appearance memo.

Documents Required for Caveat Petition

The following documents have to be signed by the Advocate on Record (AOR) for
submission
 Court Name Appealed From, Case Number, and Reason
 Vakalatnama and Memo of Appearance, title
 Fees for the court (applicable in civil cases)
 Establishment of The Authority
 Date of the Disputed Decision

Procedure for Filing a Caveat Petition

1. The Caveator should sign both the affidavit and petition
2. The petition should be submitted along with an impugned order, if any
3. The Caveator should also submit a vakalatnama, which authorises the Caveator's lawyer to
represent them in the proceedings
4. 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
5. All relevant documents, such as contracts, agreements, deeds, or any other relevant papers
that support the caveat, should also be attached to the petition
6. The affidavit should contain all the essential details related to the case, such as the facts
and circumstances leading to the caveat, the rights and interests that the Caveator seeks to
protect, and the legal provisions under which the caveat has been filed
7. The affidavit should be duly attested by an authorised person, such as an oath
commissioner or a notary public
8. The Caveator must ensure that all the documents and affidavits are in the prescribed format
and comply with the court's rules and regulations
9. 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.

Checklist of Caveat Petition

 The case number, any petitions, and any appeals
 The place where the court that will rule on the caveat will sit
 Detailed information about the pending legal action or appeal
 List of appellants or litigants who may be involved
 The caveat is being made by The Caveator (name)
 Complete address of the place where RPAD delivered the caveat notice to the other
parties
 Address of Caveator used to facilitate notifications following registration.
2. Legal Notice – recovery of money for the goods supplied