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Overview: Whenever in a case which is being adjudicated or has been adjudicated, either party expects that the other party may challenge it or has challenged it or that it can file or has filed an application, in a suit or proceedings instituted, or about to be instituted, in a Court, any person (that party which expects the filing) who claims a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
Purpose: Caveat is filed under Order XI A, section 148A of The Code of Civil Procedure ,1908 when it is expected that a legal proceeding could be initiated. The principle behind this is that a fair hearing is granted to the other party and no adverse orders are passed ex-parte. It is not compulsory to file caveat. It is also filed before the Supreme Court and other forums.
Areas of Application of Law: Civil- The Code of Civil Procedure,1908
Process: Step 1 is to approach your lawyer/advocate and seek advice.
Step 2: After your lawyer has been instructed by you to file caveat, he shall ask you for a copy of the order against which you expect any proceeding to be initiated. If this lawyer has worked on the matter previously, then he would have a copy of the order himself and may not require you to provide the same.
Step 3: your lawyer will now draft the caveat petition and would request you to give your affidavit in support of the petition
Step 4: you will have to sign the caveat petition as well as the affidavit. While signing the affidavit and the petition, you are advised to read the same carefully. Your caveat must have the following details- he Caveat must contain: (i) Name of the Court where the Caveat is being filed, (ii) Suit / Petition / Appeal No., (iii) name of the Person who is filing the Caveat before the court, (iv) some details of Suit / Appeal likely to be filed along with (v) Name of proposed Plaintiff / Appellant
Additionally, your caveat will also contain the address of the person sending the caveat to indicate that the notice of service has been filed. This means that a copy of the caveat has been sent to the other party who is likely to be the proposed plaintiff or proposed appellant.
It should also contain the address of the proposed plaintiff or proposed appellant to which this copy was served/ sent to.
Apart from these your caveat will also have a vakalatnama signed by you in favour of your advocate by which you have engaged him for filing this caveat.
Rules of different courts can be referred to for seeing if there is any special requirement for filing the caveat.
Documents required to be submitted in the court:
· Affidavit in support of the caveat petition
· Impugned order (if any)
· Proof of service of notice of caveat
Punishment/Expected Relief: you will have to be heard before the court passed any order on the suit/application/appeal of the other party
Landmark Judgments: Reserve Bank of India Employees vs. The Reserve Bank Of India And Ors. decided on 12 March, 1981, AIR 1981 AP 246
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