Caveat Petition
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Caveat Petition – An Overview
A Caveat Petition is a legal mechanism that allows individuals to request the court to notify them before any action is taken against them. Derived from the Latin word 'caveat' meaning 'let a person beware', this petition is typically filed in civil and probate matters. It was introduced into Indian law under Section 148A of the Civil Procedure Code, 1908, following the 1976 amendment. Filing a caveat ensures that no ex-parte orders are passed without giving the caveator an opportunity to be heard.
What is a Caveat Petition?
A Caveat Petition is a preemptive legal application filed by someone who suspects that legal proceedings may be initiated against them in a civil matter. It acts as a safeguard by ensuring that the court informs the caveator before passing any interim or ex-parte orders. In the landmark case of Nirmal Chand v. Girindra Narayan, the court clarified that a caveat serves as a legal alert, giving the petitioner the right to be heard in anticipated legal proceedings.
Benefits of Filing a Caveat Petition
● Allows time to appoint a lawyer and prepare for the case ● Prevents courts from passing ex-parte orders ● Ensures regular updates and legal notifications ● Helps reduce unnecessary legal disputes and saves costs ● Makes interim orders unenforceable if passed without informing the caveator
1. Documents Required to File a Caveat Petition
● Name of the court appealed from
● Case number and cause title
● Properly drafted vakalatnama and memo of appearance
● Details of the impugned judgment or order
● Proof of service to the opposite party
● Applicable court fee
● Authorization letter from advocate
Step-by-Step Procedure for Filing a Caveat Petition
● Engage a lawyer to draft the caveat petition
● Sign the petition and the supporting affidavit
● Attach the impugned order if available
● Submit vakalatnama and authorization letter
● Provide proof of service to the opposing party
● Attach all relevant supporting documents
● Ensure affidavit is notarized
● Check for format and detail compliance
Caveat Petition Charges
The charges may vary based on the complexity and jurisdiction of the case. Standard caveat filing charges usually start from ₹10,000. Additional charges may apply for legal drafting, renewals, or court representation.
Validity of a Caveat Petition
A Caveat Petition is valid for 90 days from the date of filing. If the opposing party does not approach the court within this period, a fresh caveat must be filed for continued protection.
Initial Filing
1-2 business days
Drafting, notarizing, and filing the petition in the appropriate court.
Renewal (if needed)
Post 90 days
File a new petition if the initial caveat expires without any opposing legal action.
Why Choose DoStartup for Filing Caveat Petition?
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