Monday, September 6, 2021

Caveat under CPC, Caveat Meaning



What is Caveat Under Section148A CPC Validity 90 Days). Whether there is any difference between Caveat and Legal Notice?

Ans.  Caveat is Latin Phrase its general Meaning "let a person beware". 

Caveat:-Caveat is legal right given under the provision of 148A CPC by which a person having such apprehension that  some cases may be filed against him. By which the person who filed caveat shall be intimated by the Court when any case is filed against him.  By which Caveator is ensuring that the Court will intimate and hold reasonable hearing till the caveator appear. It is an anticipated relief. 

Legal Notice:- Legal Notice provision given under Section 80 CPC  and it is filed only in Civil Cases. All Legal action can be availed only after issuing Legal Notice. It make legality in the maintaining the suit in Court. It is Mandatory Provision which providing time limit two month before institution of suit and it must be in written.  Legal Notice must Contain detailed information such as facts in issue and related to the grivance for which the legal action require to be taken, further what relief or problem and how it would be required to be ratified, and also summary of facts must be given in Legal Notice. 

Duty of the Court:-

If Caveat is accepted then the Court shall serve the notice of the institution of case,  which is compulsory not discretionary. It can be served through registered post. 

But Legal Notice required to be sent through register Post before filing suit

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