Caveat means ‘let a person beware’ in Latin. In legal terms, a caveat is a notice document issued by a person to the court. It states that another person can file a lawsuit or application against him or her. In response, the court must give the caveator, i.e., the person submitting the caveat, a fair hearing before any point presented in the case.
Also, the Apex Court clearly states that filing a caveat does not entitle the caveators to be considered action parties. While the Central Indian Police Service Association can consider a request to intervene in a Special Leave Petition, the Justice decides on the filed caveat applications.
Objective of the Caveat Filing Process
The purpose of filing a caveat petition is to allow everyone a hearing chance in court. Each must present their side of the story to the judge. Anyone can file a caveat petition for any of the following purposes:
- Defend their legal rights
- Stop the ex parte order
The Supreme Court of India described a caveat in the case of Nirmal Chand versus Girindra Narayan as a caution provided to the court by the caveator that no judgment or order should be passed against him without providing him notice and an opportunity to be heard in court.
The benefit of filing a Caveat Application
A caveat protects the caveator throughout legal processes. With any of the caveat presentations, caveat assures the caveator that he is well-equipped to combat the opponent’s suit as well as processes. Also, no ex-parte order can be made against a filed caveat as it permits the caveator to circumvent any number of procedures.
Here, the caveat can also save money while simultaneously improving the court’s accessibility. By submitting the caveat, the caveator is kept informed about the procedures until completion. Likewise, the court will not grant any ex-parte interim injunction without first hearing the caveator. This is in case the opposition files an application with the court for temporary relief. Remember, a caveat becomes void if a court issues an order without notifying the caveator.
Required Documentation for Caveat Application filing
The Caveat-Filing provides legal advice to major companies in their legal processes. As per our experts, the caveator must arrange the following documents for filing for a caveat:
- A signed Caveat petition by the Caveator
- Index & Cause Title
- Case Number
- Name of the Appealed From
- Impugned Judgment Date
- Authority’s Designation
- Memo of Appearance
When representing a caveator, we can sign the petition and attach the requisite vakalatnama to it. You must enter a caveat in the required form in the caveat register kept by the court. It must include the date and number of proceedings. Also, you must issue the following documents to the parties of the filed suit attached while filing caveat in Court:
- Copy of application
- Proof of Dispatch Notice
- Explanation statement
When you file a caveat at the High Court, you must submit an affidavit to the petition along with the fees prescribed by the court.