New Delhi :- Filing of Caveat has become common in the cases caveat has now become such a legal term that it is heard again and again in the conversation of common people and lawyers on daily basis, today we know about caveat, what is caveat And what kind of cases is it related.
The Caveat is defined in section 148 (a) of the Code of Civil Procedure e 1908. the caveat is to be filed only in civil cases.
What is the caveat
If a caveat is understood in common given the possibility of a case already in the court, whether applying application that if a case against him comes to the court, the ex -parte judgment should not be pronounced without hearing him also. The principle of natural justice also says that if a party comes to the court, then the decision should not be given without hearing the other side.
The process of civil code cases is such, a plaintiff brings a case to the summons are issued to the defendant related to that case, the summons is sent for service at the residence of the defendant. But the respondent get . If the party does not appear on the given date, then the court gives ex-parte judgment to such party.
The caveat itself is a legal system to deal with the situation. It is the principle of natural justice in law that all parties should be heard equally. Equal evidence should be taken from all the parties,, after that, a decision of its own should be given.
As per section 148(a) caveat of the Code of Civil Procedure, 1908, any party on the ground of presumption of being a party to a case may file a caveat before the court saying that if the matter relating thereto is brought to the court, he shall No decision of any kind should be given in the matter without hearing Such caveat is given on the apprehension of becoming a party to any future proceedings against him in any court. There is no trial of any kind in the court, but there is a possibility of a lawsuit.
The caveat is based on this possibility As there is a possibility that any person or institution may bring any kind of civil case against him before the court regarding any matter, then such person files a caveat against that person in the court. Such a caveat can be filed in any case whether there is a suit or an appeal, Usually, such caveat is filed on the grounds of the possibility of appeal.
How is caveat filed?
For filing caveat, a form is filled in the court, in this form the name of the person, the name of the court, the complete information of the person against whom caveat is being filed, as well as the information about the case in which the party is likely to be filed. All this information has to be entered in the form and all this information is filled in the form and filed to caveat.
The Court keeps the caveat on its record and whenever a matter relating to it is presented in that Court, the Court does not, in any case, proceed ex parte and informs the party filing the caveat Such a caveat, while being presented before the court, has to be given to the party who is likely to bring a suit. Such information is given through registered post and that postal slip is attached with the caveat.
By this, the party also becomes aware that if he is about to bring a matter to the court, then the information related to it has already been given to the notice of the court and it cannot be done ex parte. Caveat period Any caveat is valid within 90 days from the date of its filing.
Its validity period expires after 90 days and then it ceases to have any legal significance. If the court has to take cognizance again, then a new caveat has to be filed. This has been mentioned under sub-section 5 of Section 148(a) of the Code of Civil Procedure, where it has been clearly stated that any caveat is valid only for 90 days. It automatically expires after 90 days.
If after this the parties bring any matter before the court, then it can be done ex parte if the defendant does not appear. This period of 90 days has been given in the law because normally the cases related to caveat are invoked only in the case of appeal.
In the case of appeal, people also give caveats, because it is known that if a lower court has given any kind of decision against any party, then that party can bring an appeal against that decision to the higher court.
Normally the period of such appeal is only 90 days, hence the caveat was also restricted to 90 days. It is completely wrong that once a caveat is given, the court is always vigilant in its case. The Court is bound to remain vigilant only for 90 days.
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