Response

Hello,

Incorporated under Section 148A of Civil Procedure Code, 1908, the Indian Law defines caveat petition as a precautionary measure taken by a person who holds a strong fear or uneasiness that some or the other case against him/her is going to be filed in the court of law regarding any manner.

Section 148A of the Code of Civil Procedure, 1908, says that, “(1) Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.

(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be, made, under sub-section (1).

(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.

(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveatorÕs expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.

(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.”

Where can a caveat petition be lodged:
– A person can choose to file a petition for a caveat in any Civil Court of original jurisdiction, Appellate Court, High Court, and Supreme Court, whenever the Caveator feels some legal proceedings is to be filed against him in the coming future. It is important to know in such cases, the Civil Courts may choose to include Tribunals, Forums, Courts of Small – Causes, and Commissions.
– Courts have held that caveat cannot be made against petition made under ‘Article 226’ of the Constitution of India or petitions made under the Criminal Procedure Code and Section 148A of the code applies to only civil proceedings in India.

Yes you may file caveat petition before the High Court in order to get information.

Reference:

20210023202100411895

LAWAYZ-2023-527