CAVEAT PETITION | MEANING | WHO CAN FILE?| SEC 148A OF CPC,1908- Hello everyone , In this video we have discussed the concept of CAVEAT PETITION.
A caveat petition is commonly referred to as a ‘caveat’. The caveat petition gives a person the right to be heard before any decision is made against him. No court can make a decision or issue an order against a person without hearing his or her side.
The main objective of Section 148 A is to safeguard and protect the interests of the person filing the caveat because he is concerned about a potential case. This is done to avoid any ex parte decision being made against him. The caveator hopes that by filing a caveat, he will be given a fair chance to be heard. This is in accordance with one of the principles of natural justice, Audi Alteram Partem. This is also done to avoid the multiplicity of cases and to save the courts’ expenses and inconvenience.
Section 148 A specifies who is eligible to file a caveat petition. This is provided under clause 1 of Section 148 A, which states that a person who claims to have a right to appear in court may file a caveat petition in the following circumstances:
Where there is the apprehension of application.
Where an application has already been submitted.
In a suit that is expected to be filed against him.
In an already instituted suit.
A caveator is a person who files the caveat petition. He is required by law to perform certain duties, as specified in clause 2 of Section 148 A of the Code. The caveator must send a notice of the caveat petition to the opposite party (applicant). The opposite party is the person who has filed or may file an application for an interim order against the caveator.
When the caveator expects legal proceedings to be filed against him in the future, he can file a caveat petition in any Civil Court of original jurisdiction, Appellate Court, High Court, or Supreme Court. Civil Courts include Small Causes Courts, Tribunals, Forums, and Commissions.
The caveat is a petition filed before the court by a party stating that if the opposing party institutes a suit, appeal, or other proceedings against him/her, the court must notify the party filing the caveat. Section 148A of the Code of Civil Procedure grants a person the right to prevent the court from issuing ex parte orders or judgments in civil matters. If the court does not notify the caveator before passing the order or judgment, the order or judgment becomes void.
A person who is not a party to the proceeding cannot file a caveat. Section 148A of the Code provides the rights and duties of the caveator, applicant, and court in sub-sections (2), (3), and (4). If the rules outlined in these sections are not followed, the purpose of enacting Section 148A is defeated. Before issuing any interim order against the caveator, the court must hear his petition, which is mandatory. The caveat petition is valid for 90 days from the date it is filed. Following that, the caveator may renew the petition.
CASE LAW: DEEPAK KHOSLA VS UOI
Indian Kanoon
[ Ссылка ] › doc
Deepak Khosla vs Union Of India And Ors. on 30 July, 2010.
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