Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

everithing about caveat

(Querist) 24 July 2009 This query is : Resolved 
kindly let me know about caveater/tee;there rites/limtations etc. how to vacate the caveat petition? also kind enough to submit case/s.
Sarvesh Kumar Sharma Advocate (Expert) 24 July 2009
caveat pitition is a right to know about the praposed case.
for filing caveat there must to inform to your respondent (prposed plaintif or appealent)for filing issue before the court.
Y V Vishweshwar Rao (Expert) 24 July 2009
The message of Mr Sarvesh is correct

1- In the Cause Tilte of Caveat Petition mention Petitioners names and Respondnets names -
mention Your apprehension of legal proceedings by the Respondents against you on the Proeprty / subject matter enclosed CAveat Petition Schedule , mention your address for service in the event of any proceedigns are initiated by respondnets agaisnt you on the caveat Scheduel Property .

2- Vacating Caveat Petition is not clear !caveat petition - it will be registered and it will be in force for a period 90 days !
M. PIRAVI PERUMAL (Expert) 24 July 2009
A Caveat is an entry made in the books of the offices of a register or court to prevent a certain step being taken without previous notice to the person entering the caveat. In other words, a caveat is a caution or warning giving notice to the court not to take any step without notice being given to the party lodging the care at. It is very common in testamentary proceedings. It is a precautionary measure taken against the greater of probate or letters of administration, as the case may be, by the person lodging the caveat. Section 148-A of the code of civil procedure provides for lodging of a caveat.


Object: A caveat protects the caveator’s interest. The caveator is already ready to face the suit or proceedings which is expected to be instituted by his opponent. Hence no ex-parte order shall be passed against the caveator. The caveat avoids multiplicity of proceedings. Thus it saves the expenses costs and conveniences of the Courts.


Examples: A is owner of a house-site. He wants to construct a building He got the permission from the Municipality. A started construction. Meanwhile, B the neighbourer claimed some of the land of A and objected the construction, on the pretext of some bias, immediately on the day of threatening itself. A filed a caveat against B in the competent civil court praying the Court to give him a notice before passing any interim order or relief in case if B files any application before the Court, so that he could give the answer to the claim of B.


Form: No form is prescribed for the caveat. The caveator may file a caveat in the form an application or petition before the court submitting the cause of action giving the name and description of the opponent. The copy of the application shall be sent to the opponent party in advance by Registered post Acknowledgement due, before filing it in the court.


Right of the Caveator: A caveat protects the interests of caveator. The court must give a notice to the caveator or to his advocates. If the opponent party files proceedings/application for the interim order. The court shall not give any ex parte interim order to the opponent party without hearing the caveator.


Time Limit: The caveat will remain in force for 90 days from the date of filing.


Important Points:


1. Caveat can be filed only to oppose the application and not to support.

2. Notice upon the caveator filing the date of hearing of the application is a must. It is a mandatory under the Section 148-A

3. Section 148-A applies only to trial courts, but not appellate courts

4. In the execution of the decree 21, Orders 22 and 37 enact for the issue of a notice to the judgments debtor, under some given circumstances. This gives the meaning that in cases not covered by such provisions, notice of execution is not necessary. Therefore, the judgment debtor is not entitled to a notice of an execution of a decree at the initial stage by lodging a caveat anticipating such an execution.

5. In Reserve Bank of India Employees Association Vs RBI the plaintiffs filed a caveat before the court. The court before expiry of 90 days, issued an interim ex parte order against the plaintiffs without serving them a notice and without hearing them. The ex parte interim order was held to be bad by the Supreme Court.
Somnath mukherjee (Expert) 24 July 2009
If any person think that any adverse order will be passed against him then he can file a caveat u\s148-a c.p.c.The Hon'ble court will not pass any order untill and unless heard by the caveater expect in case of emergency in which the ld.court may pass any order.Normally the caveat may be filed in civil cases and not in criminal cases.
The caveater have to sevice the notice to the opp.party.
The caveat is valid for three months
Aniruddha.P.Pawse (Expert) 24 July 2009
Caveat under the Civil Procedure is filed with the Court to know in advance wheather
any suit/appeal is filed against the Caveator. The Caveat will remain in force for 90 days from date of filing.
AJIT KAWATKAR (Querist) 25 July 2009
does caveator has to give notice to caveatee along with details of issues ?what is the fate of petition after 90 days?
vinjamuri ranga babu (Expert) 26 July 2009
hi.
caveat is a petition, to inform the otherside that give a prior notice, while filing a case against the caveator.
so, here vacating of caveat petiton doesn't arise. the caveat period is valid upto three months from the date of registering your caveat petition. in these days the person who on whom the caveat is lodged is to be given prior notice while filing a case against the caveator.
vr


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :





Post a Suggestion for LCI Team
Post a Legal Query