Civil litigation involves numerous steps, various kinds of paperwork, petitions, and applications. The court receives a large number of documents, and the opposing parties in a lawsuit must be given copies of all of these documents. Legal notice and caveat petition are two examples of such documents.

In accordance with the processes outlined in the Civil Procedure Code of 1908, a caveat petition and legal notice are issued. However, the legal notice and a caveat petition differ from one another. The Civil Procedure Code, 1908 has provisions pertaining to a caveat petition in Section 148A. An individual submits a caveat petition to the court, requesting that the court notify the person filing the caveat if somebody files an application against him or her.

In civil litigation, one party will issue a legal notice outlining the opposing party's wrong-doings and the need to address those wrong-doings within a certain amount of time. It is a formal message warning the other party that if the sought solution is not provided, legal action may be taken against them.

Caveat petition

A caveat petition is a preventative action made by a person who believes that another person may file an application in a lawsuit or other court action that has been or is about to be filed against them. It is an official notice that gives a person notice before any legal action is taken against them. The Latin word "Caveat" often translates to "let a person beware."

The caveator is the party who submits the caveat petition. In order to be notified by the court if another party makes an application in a lawsuit or other proceeding against the caveator, the caveator submits a caveat petition. In the hearing of the application made against him in the caveat petition, the caveator maintains his right to appear before the court.

The court must compulsorily serve the caveator with notice of the opposing party's application if it is filed in a lawsuit or proceeding after the caveat has been filed. The applicant will get the caveat petition from the court as well as notice of the application from the caveator. The caveator must receive notice of the application and all other documents submitted to the court from the applicant.

The caveat petition will only be effective for a 90-day period. After 90 days, the caveat petition will no longer be valid. As a result, the court is not required to notify the caveator if the applicant files an application with the court after 90 days have passed since the filing of the caveat petition.

The following information should be contained in the caveat petition:

• Name of the court where the caveat was submitted.
• The case number, petition number, or appeal number, if any.
• A brief description of the application that the applicant is expected to file in a lawsuit or action.
• The caveator's name.
• Names of potential candidates.
• Address of the caveator for notice delivery when a claim is made against them.
• Address of the opposing party/applicant to whom RPAD shall deliver notice of the caveat.

Legal notice

Only in civil cases is a legal notification given. A legal notice must be sent to a person before planning to sue them in civil court. The person must inform the other party that he/she will file a lawsuit in the event that he/she does not fulfil his/her legal duty/obligation to the person.

Only after giving the opposing party notice can a lawsuit be brought against them. The act of giving notice enables the person to bring legal action against the other party. A legal notice is a formal announcement that legal action has been taken against a person or organisation.

The following must be included in the legal notice:

• Address and name of the parties.
• Facts and complaints brought by the party that is receiving notice in opposition.
• The person giving notice requests payment from the other party.
• Notification that legal action will be taken against the opposing party if they fail to resolve the issue within the allotted period.
• Signature of the notification's sender. 

Difference between caveat petition and legal notice

Conclusion

A legal notice is issued to the party you are bringing a lawsuit against before filing a caveat petition, which is filed while there is already an active case in court. The court is informed of your involvement in the case through a caveat petition. A legal notice also serves as a formal declaration of your intention to sue.