Explain the following: Caveat petition.

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2020
Explain the following: Caveat petition.

Answer & Explanation:

"Caveat" is a Latin term which means, "let a person beware" originated in the mid of 16th Century. In law, it may be understood as a notice, especially in probate, that certain actions may not be taken without informing the person who gave the notice. It may simply be understood as a warning. In the Civil Procedure code of 1908, it was inserted under Section 148 A by the recommendations of the Law Commission of India's 54th Report and was inserted by the CPC (Amendment) Act 104 of 1976. Thus, Caveat Petition as such is a precautionary measure by a person who holds a strong fear that a case against him is going to be filed in the court of law. Before the National Company Law Tribunal (Caveat No. ____________ of 2020) Memorandum of Caveat must contain the following particulars : Set out the Court where the Caveat Petition is to be filed. Set out details of the order against which appeal or application or petition is expected. Address for the service on the caveator. And Address for service on the counsel for the caveator. Specify the authority who passed the order with reference number & date (enclose copy of order appealedagainst). Set out the details of expected Appellant(s) / Petitioner(s) / Applicant(s) / with Address. Prayer It should be in terms that let no orders be passed in the appeal expected to be filedor in any petition or application or interlocutory application that may be preferred by the expected Appellant / Petitioner/Applicant without service of notice on the caveator. The caveator undertakes to accept service of appeal or petition or application and appear before this Tribunal on the date and time at which the appeal/petition/application is moves by expected appeallant/ petitioner / applicant. Dated at ____________ Day ____________ of (Month) Counsel for Caveator Caveator Verification The caveator above named state and verify that the contents of this caveat lodged are true and correct. Verified at New Delhi on this day of............ 2020 Caveator

Topics: Pleadings

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