Sir i m new to legal profession. I want to gain knowledge as to how to file caveat. My list of questions are as follows:-
1. How to file caveat?
2. Can i file caveat on behalf of my client when he has apprehension that the neighbour of my client might file suit for ad interim injunction and permanent injunction for construction of property. Although no such legal notice of any kind has been served upon my client from plaintiffs ?
3. Can a stranger to a suit can file caveat?
As per your query it is understood that you need information about filing caveat.
A caveat under Section 148A shall be signed by the caveator or his advocate. Where the caveator is represented by an advocate, it should be accompanied by his Vakalatnama. The caveat presented shall be registered in a caveat register maintained by the courts in the form of a petition or any other form that may be prescribed. The register of caveat contains the date of caveat, name, and address of caveator, name of the plaintiff, the name of the defendant and date and a number of proceeding filed as anticipated by caveator. A caveat is always filed with a copy, the postal proof and an application explaining to the court that a copy of the caveat has been sent to all the parties and thus the court need not do the same. Even though the court fees of filing a caveat varies for different courts, it is generally a nominal amount of less than INR 100. The rules and format of the caveat are similar for most of the courts.
While filing a petition of caveat in Delhi High Court, follow the below-mentioned steps:
Support the caveat petition with an affidavit. Both petition and the affidavit should be signed by the caveator;
Apart from this, a vakalatnama, impugned order (if any), and proof of service of notice of caveat is also to be submitted to the Court.
Section 148A further provides that a caveat may be filed by any person, whether a party to the suit or not, as long as the person filing the caveat has the right to appear before the court in regard to the suit in question. Thus, caveat can be filed by a third party as well, if they in any manner are connected to the suit in question. However, as it is already discussed that a caveat cannot be lodged by a person who is a total stranger to the case and the same principle was laid down in Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma. To conclude, this clause is substantive in nature and caveat may be filed by any person claiming a right to appear before the Court.
Hope it helps!
Regards,
Anusha Singh
