CAVEAT

MEANING
Caveat is not defined in the Civil Procedure Code, 1908. Though there is no exact definition
for caveat in the Code, section 148A of CPC talks about it. It was added in 1976. The caveat
in Latin means “let a person be aware” and in law, it may be understood as a notice given
asking not to act in a certain manner without informing the person who gave such a notice.
Under the Civil Procedure Court, the provision of caveat is dealt with in Section 148A. Even
Though CPC does not define caveat in the case of Nirmal Chand v. Girindra Narayan, the
court defined caveat as a warning given by an individual to the court that no order or
judgment shall be passed without giving notice or without hearing the caveator. The person
who files a caveat is called the Caveator and the person who has instituted a suit or is likely
to do so is called caveatee. The main object of caveat is to ensure that the court does not pass
ex parte orders and that the interests of the caveator are protected. Caveat also reduces the
burden of court and brings an end to the litigation as it reduces the multiplicity of
proceedings. As the purpose of the caveat was to save the cost and convenience of the court,
in Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma, the court held that
no caveat can be lodged by a total stranger to the suit.
OBJECTIVE AND SCOPE OF CAVEAT
The main aim of section 148 A is to safeguard and protect the interest of the person filing the
caveat as he has a fear or uneasiness in his mind regarding a probable case. This is to avoid
any Ex-Parte decision against him.
The caveator seeks through lodging of a caveat that he can get a fair opportunity of being
heard. This is in consonance with the one of the principles of Natural justice i.e. Audi
Alteram Partem. This is done also to avoid multiplicity of cases and to save the expenses and
inconvenience caused to the courts.
When to lodge a Caveat?
According to Section 148A, when people apprehend that some case against them is filed or is
about to be filed in any court of law in any manner, they have a right to lodge a caveat. The
Caveat may be lodged in the form of a petition under the following circumstances:

1. During an ongoing suit or litigation and in that the application is already been
made or is expected to be made;
2. The suit is about to be instituted and in that suit, an application is expected to be
made.
Thus, firstly it is always about an application in a suit of the proceeding and secondly that suit
or proceeding can be in the present which is already instituted or it can be in the future where
a suit is not instituted yet but the same is expected. In all such situations the right to lodge a
caveat arises.

Who may lodge a caveat?

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.

Hence, a caveat may be filed by any person who is going to be affected by an interim order
likely to be passed on an application which is expected to be made in a suit or proceeding
instituted or about to be instituted in a court.

Where can a caveat be lodged?

As and when the caveator anticipates some legal proceedings to be filed against him in the
near future, he can file a petition for a caveat in any Civil Court of original jurisdiction,
Appellate Court, High Court as well as Supreme Court. However, in Deepak Khosla v. Union
of India & Ors, the court held that Section 148A of the code applies to civil proceedings only
and caveat cannot be made against petitions made under the Criminal Procedure Code or
petition made under Article 226 of the Constitution of India.

What does a caveat contain?

A caveat or a notice given to the court that certain actions may not be taken without
informing the caveator should contain the following information:

1. Name of the caveator;

2. shall be signed by the caveator or his advocate.
3. Address of the caveator where the notice would be sent;
4. The name of the court where such caveat is filed;
5. The number of the suit and the number of the appeal if applicable;
6. Brief details about suit or appeal likely to be filed;
7. Name of the probable plaintiffs or appellants and the respondents.
Notice
If subsequent to the filing of a caveat, any application is made in any suit or legal proceeding,
the court is required to give notice about such an application to the caveator. The section
obliges the applicant who has been served with a caveat to furnish the caveator, at the
caveator’s expense, a copy of the application along with copies of papers and documents
submitted by him in support of his application. If the court or applicant ignores the caveat and
does not inform the caveator, the decree or judgment passed becomes null and void.

RIGHT AND DUTIES

When a caveat is filed, it gives certain rights and duties to the caveator, applicant as well as
the court.
Rights and duties of the caveator
 a caveator has a right to be mandatorily be heard before any interim order is passed.
  He is entitled to a copy of the application along with other documents submitted under
O.2.R.2 of CPC.
 When the caveat is lodged for a proceeding about to be instituted, he must be
informed when it is instituted.
 It is the duty of the petitioner to notify the applicant of the caveat lodged opposing his
application by the means of the postal service. Since this duty is the only directory in
nature and not a mandatory duty in times of uncertainty as to who the applicant would
be, this duty may be waived off by the court.
Rights and duties of court
 There exists a duty on not just the caveator but also the court to issue a notice to the
applicant of the caveat lodged. This enables the caveator to appear and oppose the
application.
 There is an obligation on part of the civil court to give a caveator sufficient time, to
appear and oppose the filed application. Non-compliance with this duty essentially
defeats the impetus of the caveat lodged.
 When a caveat is lodged against an application that is to be filed there lies a duty of
the court to notify when the application has been successfully filed.

Rights and duties of the applicant

A duty rests upon the applicant to furnish an application copy along with the documents
relied upon, at the expense of the caveator. The proceedings would not move forward until an
affidavit on behalf of the caveatee stating that he posted the copies.
Limitation of time
As provided by the section in clause 5, the caveat stays in force for a period of 90 days. If
within these 90 days an application is filed, then the court, as well as the applicant, has to
give notice to the caveator. However, if no caveat is filed within these 90 days, then no one
has the duty to inform the caveator, i.e. if the application is filed after the expiration of such
period the caveat stands null and void. If the caveator still wants to be informed then a fresh
caveat needs to be lodged for the next 90 days.

Conclusion
Section 148A, give any person who has a fear or nervousness that some or the other case
against him or her are going to be filled in a court of law in any manner, the power to lodge a
caveat in the court. A caveat may be lodged in any civil suit including tribunals and forums in
the form of a petition. If an application, that the caveator had anticipated is made within 90
days of filing the caveat, then a notice is to be served by the applicant as well as the court to
the caveator, informing him about the filing of such an application. Any judgment or order
passed without giving such notice or without giving a reasonable opportunity to the caveator
to be heard, would be considered void and null.