Why file caveat Petition and what if one does not . Filing a caveat Petition will only allow you to be present on the first date of hearing of a case filed by the opposite party , who you feel might approach the court against you whether in original suit or in appeal. It is an opportunity that one has an option to avail as a precautionary measure.
What is the use of a caveat Petition
A caveat petition is a legal document filed in court by a person also known as a caveator who wants to prevent any ex parte orders being passed against him in his absense. The meaning and purpose of filing a caveat petition is to give notice to the court that the caveator be given the opportunity to make himself available on the very first date of hearing when the Petition is listed for hearing.
Caveat Petition in Civil Procedure Code (CPC)
Section 148A of CIVIL PROCEDURE CODE, 1908 deals with the subjected of Caveat . It had been added after the recommendation made by the Law Commission by the Amendment Act of 1976. Reference may be taken from the judgment of Nirmal Chand v. Girindra Narayan AIR 1978 Cal 492, 82 CWN 1026, the Hon’ble Court has held that
“The term ‘caveat’ is very common in testamentary proceedings. A caveat is a caution or warning giving notice to the Court not to issue any grant or take any step without notice being given to the party lodging the caveat…”
Reasons for filing a caveat Petition explained
There are several reasons why someone might file a caveat petition. For example, they may have reason to believe that the deceased person’s will is not valid, or they may have concerns about how the estate is being administered. By filing a caveat petition, the petitioner can ensure that they have an opportunity to be heard by the court and to raise any issues or concerns they may have. Once the Caveat Petition is filed we take upon us the responsibility of informing you immediately of any Petitions or Appeals that may have been filed by the opposite party. Caveat Petitions are filed by a party in whose favour the High Court has already granted relief . That is to say the Caveator is already the winner in the High Court. Now since the Caveator apprehends that the opposite party may approach the Supreme Court by way of an appeal or Petition , the Caveator files the caveat so that he is informed of the matter beforehand and is given the opportunity to appear himself or through his authorized attorney on the very first date. A copy of the petition or appeal will be served before the date of hearing .
To avoid any ex parte orders being passed, one should file a Caveat Petition. You may fill up the form to assist you better
Therefore filing Caveat Petition is an extremely important step and caveatindia.com helps you file the caveat petition and also assist you further as and when required.
We provide services for filing Special Leave Petitions, Review Petitions , Transfer Petitions and appeals . Complete information regarding the same may be availed here
Once the caveat Petition is filed one may visit the official website of the Hon’ble Supreme Court of India to check its status