Drafting a Caveat Petition

According to the Law Commission of India’s 54th report, the Civil Procedure Code, 1908 introduced caveats under Section 148A. Although the Act is silent on the definition of the term caveat, the court defined it in the case of Nirmal Chand v Girindra Narayan. Caveats are warnings given to a court by a person in order to prevent it from taking any specific action or granting relief to the opposing party without allowing the caveator to be heard.

Difference Between a Caveat Petition and a Legal Notice:

Although both legal notices and caveat petitions are used to notify the other party regarding the subject matter of concern, there are significant differences between them. The major differences are brought down below:

	Caveat Petition	Legal Notice
	A caveat is filed when a party fears a lawsuit will be filed against them by another party	A legal notice is served when someone is subjected to an unjust act and wishes to take legal action against that person
	A caveat consists of the details surrounding the suit or proceeding that is expected to be initiated or has already been initiated against the caveator.	The legal notice contains the facts and specifics of the adversities or grievances faced by the party issuing it, in order to seek an appropriate remedy from the other party.
	Caveats are prophylactic measures taken by the caveator against parties who are expected to initiate legal action. It serves as a warning to the Court that it should not take any action without first allowing the caveator to be heard	Legal notices serve as a warning to the opposition before any legal action is taken against them
	The court is notified of the caveat	and the opposite party is served with a legal notice
	Caveats are valid for 90 days from the date of filing	A legal notice specifies a deadline by which the other party must address the grievance, failing which legal proceedings will be initiated.

Caveat Draft Format

Memorandum of Caveat Petition

(Under Section 148-A and order 52 C.P.C)

In the High Court of Judicature at ———– (Madras)

Caveat Petition No:

Mr/Ms ———-

Aged ——— years

Occupation ———-

Residing at ———— (Complete Address of the Caveator)

Vs

Mr/Ms —————

Aged ——— years

Occupation ———-

Residing at ———— (Complete Address of the Expected Caveatee/Appellant/Opponent)

The Caveat petition on behalf of the caveator hereby submits:

1. Pray that no ex-parte order may be passed in the Suit/Case/Application for the purposes of recovery orders by the opponents named above in the honorable High Court of——, against the caveator in connection with …………. (subject matter to be mentioned).
2. The caveator’s and the opponent’s address for the service of summons/notices of this suit/application is as stated in the title clause of this application.
3. The Caveator hereby undertakes to forthwith serve a copy of this application pertaining to the Suit/Case to the opponent above-named by registered post with acknowledgment and to file proof of such service.
4. Any interim application filed in the suit by the opponent against the Caveator in this Hon’ble Court may pleased be notified to the Caveator before passing any order in such application which the Court deems appropriate.
5. Any order which the Court deems fit in the interest of justice may please be passed.

Place:

Date: –/–/–

COUNSEL FOR CAVEATOR                                                                             CAVEATOR