keerthi 08 July 2022

What is caveat petition act

In accordance with the processes outlined in the Civil Procedure Code of 1908, a caveat petition and legal notice are issued. However, a legal notice and a caveat petition differ from one another. The Civil Procedure Code, 1908 has provisions pertaining to a caveat petition in Section 148A. An individual submits a caveat petition with the court. To Get more details - https://vakilsearch.com/blog/how-do-you-draft-a-caveat-petition/

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riddhi puranik 08 July 2022

A caveat petition is under the purview of Section 148A of the Civil Procedure Code, 1908. "caveat" is a Latin term which means, 'let a person beware'. The Section explains that Caveat Petition is merely a precautionary measure taken under the presumption or apprehension that a case against them will be filed in The court of justice, regarding their interest in any manner.

in the case of Nirmal Chand v. Girindra Narayan, the Court defined the word Caveat, wherein “A Caveat is a caution or warning given by a person to the Court not to take any action or grant relief to the other side without giving notice to the caveator and without affording an opportunity of hearing him.” A Caveat Petition is valid only for 90 days and if. Generally, the court need not inform the caveator of the application filed against them. However if the opposite party files an application in a suit or proceeding within the 90-day period, the court becomes obligated to present the notice of the application filed to the caveator.

A legal Notice on the other is filed in civil cases when a party intends to bring forth a suit against another party. A legal notice is thus a means of official communication of a civil case.

Difference

A caveat petition is filed under a presumption that the caveator has caused grievance/s which may result in legal action. A legal notice however is issued when the aggrieved initiates legal action against the opposite party. A caveat petition is futuristic and contains the information of the expected action, which might be filed against the caveator in the future. A legal notice contains details about the grievances faced by the person issuing the notice and seeks relief from the opposite party. The caveat petition is merely a precautionary measure taken by the caveator whereas a legal notice acts as a warning to the opposite party before taking legal action against him/her. The caveator files the caveat petition to the court, whereas the legal notice is issued to the opposite party by the person issuing it.