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Caveat

Caveat:

In cpc, the term "Caveat" isn't specified. However, S. 148 A, a person has a right to lodge a caveat. It usually refers to a caution or a notice. It's a warning to the court not to give a grant without first providing an opportunity for that party which filed the caveat. In simple terms, it is a notice to the court not to issue any order or grant any relief in the absence of the person lodging caveat. The individual who lodges a caveat against the grant of probate/letters of administering does so as a precaution measure.

Who can file and who cannot file:

The caveat can be lodged by anyone who claims they have a "right to be heard" on an application that has been submitted or is scheduled to be filed. He might or might not be a party to the lawsuit. An individual whose privilege is likely to be harmed by a judicial order issued in response to a petition made or anticipated to be made in a suit can also file.

The judgment debtor can file caveat in a higher court or superior court in which the suit can be entertained as he/she is having a right to review. An individual who is neither a party to the lawsuit nor has any legal rights being affected by a judicial order cannot file a caveat. Strangers and also someone who supports the applicant's application are not permitted to lodge it.

Caveator and caveatee:

An individual who files a caveat is known as a 'caveator'. Any individual whose privileges are likely to be harmed by a judicial order. He could/couldn't be a necessary party to the suit. If a individual's rights are likely to be harmed by a judicial order, though he is not a party to the lawsuit, he can file a caveat. Any individual who has filed or is inclined to make an application in a lawsuit that has been initiated or is soon to be initiated is known as the 'caveatee'. On the caveatee's application, the caveator asserts his entitlement to be heard even before order is issued.

Objective of Caveat:

Caveat has a two-fold objective. One, to protect the interests of caveator i.e., the caveator's privileges may be prejudiced if the court issues an order on the caveatee's petition without hearing the caveator. Caveat gives the caveator a chance to be heard and eliminates the prospect of an ex parte order. Two, to avoid multiplicity of proceedings i.e., this clause allows an individual to lodge a caveat and demand his right to be heard on an application that has been made or is expected to be made in a lawsuit or process even before court issues an order.

Form:
A petition can be used to file a caveat. In addition, the caveator must demand his "right to appear" on the date of hearing such petition.

Effect:
Even before an interim order is issued on the caveatee's application, the caveator has the right to be heard. The judge cannot issue an order without first notifying the caveator of the petition. The caveator's notification is required before an interim order can be issued. If the court issues an order without notifying the caveator, it is likely to be overturned.

Validity:
The caveat is valid for 90 days from the date of lodging. If the caveatee does not file a petition within this time frame, the caveat will immediately expire. The caveator, on the other hand, has the option of renewing the caveat.

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