Caveat Petition Renewal
A caveat Petition once filed is valid for 90 days , however upon expiry of 90 days one may file a fresh petition .
This is in case no appeal or petition is filed by the opposite party within 90 days and there is furthur apprehension that the opposite party may prefer filing a caveat petition in the supreme court , one may file afresh after expiry of 90 days.
Every caveat petition is accompanied by a vakalatnama and details of the judgment against which the opposite party may approach the supreme court.
Caveat Petition renewal can either be filed by an Advocate on record or in-person that is the party itself .
In-person filing procedure is slightly different from the way it is filed by a registered Advocate on record.
Caveat petitions which are also referred to as caveat applications are registered.
caveat petitions are filed in accordance with provisions under the civil procedure code namely section 148A .
Right to lodge a caveat.Previous Next
1[148 A. Right to lodge a caveat.— (1)Where an application is expected to be made, or has been made, in a suit or proceeding 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 caveators 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.]
Caveat petition renewal can be done prior to expiry of 90 days.
Caveat Renewal can also be done by filing afresh after expiry of 90 days.
Caveat Petition is necessary and one should not avail it as an option but as mandatory especially in the supreme court because thats the last hope of a litigant.
It is an opportunity one should avail without hesitation. A caveat petition is accompanied by a vakalatnama duly signed by the advocate on record as well as the client.
It can be file as soon as the required documents are placed on record in a specific manner .
Once registered one can relax and be sure that the opportunity of being heard on the first date of hearing will be allowed with certainity.
Author
Tapan Choudhury,
Advocate
