Introduction

Civil proceedings include numerous procedures and require a variety of legal

documents. The caveat petition is one of the legal documents that a person
files under the provisions of the Code of Civil Procedure, 1908. Before
proceeding further, it is important to understand the meaning of the term
‘caveat.’

The caveat is a Latin term that means “let a person be aware” and dates
back to the mid-16th century. A caveat petition follows the rule of Audi
Alteram Partem and can be filed by anyone who believes that civil litigation
has been filed or is about to be filed against him.

A caveat is a precautionary measure taken by a person who is worried that

someone will file a case against that person in court. As a result, it is a notice
that notifies a person when the court is about to take legal action against
that person. It is filed only in civil matters.

Caveat petition
A caveat petition is commonly referred to as a ‘caveat’. The caveat petition
gives a person the right to be heard before any decision is made against him.
No court can make a decision or issue an order against a person without
hearing his or her side.

Meaning and definition of caveat

The Code doesn’t define the word “Caveat.” However, the Court defined the
word caveat in the case of Nirmal Chand v. Girindra Narayan, wherein it
stated that “The term ‘caveat’ is very common in testamentary proceedings.
A caveat is a caution or warning giving notice to the Court not to issue any
grant or take any step without notice being given to the party lodging the
caveat. It is a precautionary measure taken against the grant of probate or
letters of administration, as the case may be, by the person lodging the
caveat”.

Example: Assume A owns the land. He builds a house on his land. However,
A’s neighbour, Z, claims that he owns a portion of that land. A now
anticipated that Z might file an application. As a result, A files a caveat
against Z, requesting that the court notify him if Z files any such application.
Legislative history
A person in India has the right to file a caveat petition under Section 148A of
the Code of Civil Procedure, 1908. Originally, a provision for lodging a caveat
was used in testamentary proceedings under the scope of the Indian
Succession Act 1925, which was only made available for all civil suits in
1976. Prior to 1976, a caveat petition could be filed in the Supreme Court
banyone with knowledge of a suit about to be instituted or already instituted
that he could contest. The petition was only valid for 90 days, and the court
had no authority to extend it, as is now provided by the CPC. The caveator
had to use the postal service to give notice of the caveat and on service of
notice for this petition.

Following that, a copy of the application filed by the caveatee and all
supplementary documents must be provided to him at his expense. Because
of this practice, even if the individual was acting in his best interests, his
presence was deemed premature, and he lacked locus standi. As a result,
the 54th Law Commission Report recommended that this provision be added
to the CPC, allowing a caveat petition to be filed in all lower courts, allowing
the individual to contest and appear even at the initial stage of the suit or
matter. As a result, Section 148 A was added as part of the 1976
amendment to the code.

Object and scope of section 148 A

The main objective of Section 148 A is to safeguard and protect the interests
of the person filing the caveat because he is concerned about a potential
case. This is done to avoid any ex parte decision being made against him.
The caveator hopes that by filing a caveat, he will be given a fair chance to
be heard. This is in accordance with one of the principles of natural justice,
Audi Alteram Partem. This is also done to avoid the multiplicity of cases and
to save the courts’ expenses and inconvenience.

In G.C Siddalingappa v. G.C Veeranna, the Karnataka High Court highlighted

the objective of including this provision in the Code, which is to “give any
person who will be affected by an interim order issued on an application that
is expected to be made or has been made in a suit or proceeding instituted
or about to be instituted in a court a chance to be heard. As a result, under
sub-section (1) of Section 148-A of the Civil Procedure Code, any person who
claims a right to be heard before passing an interim order in any suit or
proceeding instituted or about to be instituted in a Court has the right to
lodge a caveat in respect of such suit or proceeding”.
Who can lodge a caveat petition
Section 148 A specifies who is eligible to file a caveat petition. This is
provided under clause 1 of Section 148 A, which states that a person who
claims to have a right to appear in court may file a caveat petition in the
following circumstances:

1. Where there is the apprehension of application.

2. Where an application has already been submitted.
3. In a suit that is expected to be filed against him.
4. In an already instituted suit.
In the case of Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa
Umma, the court made it clear that a third party or complete stranger,
someone who has no interest in the matter, cannot file a caveat application.

Where can a caveat petition be filed

When the caveator expects legal proceedings to be filed against him in the
future, he can file a caveat petition in any Civil Court of original jurisdiction,
Appellate Court, High Court, or Supreme Court. Civil Courts include Small
Causes Courts, Tribunals, Forums, and Commissions.

How to file a caveat petition

A prescribed form has been created for the filing of a caveat petition, which
consists of

1. The name of the court where the caveat petition has been filed.
2. If a suit, petition, or appeal has been filed, the number of that
appeal or suit.
3. Name and address of the person filing the caveat petition.
4. The name and address of the opposing party.
5. A complete description of the matter on which the caveat petition is
filed.
6. If a caveat petition is filed in the case of an appeal or writ petition,
the person should also attach a copy of the decision against which
he believes the opposing party can file an appeal or writ petition.
7. The caveat application also includes one copy of a Vakalatnama.
 8. After filing the caveat petition in court, the caveator must serve the
caveat notice to the opposing party through the registered post.
9. Although the court costs for filing a caveat differ from one court to
another, they are generally less than INR 100.
A sample caveat petition can be accessed here.

Conclusion
The caveat is a petition filed before the court by a party stating that if the
opposing party institutes a suit, appeal, or other proceedings against
him/her, the court must notify the party filing the caveat. Section 148A of
the Code of Civil Procedure grants a person the right to prevent the court
from issuing ex parte orders or judgments in civil matters. If the court does
not notify the caveator before passing the order or judgment, the order or
judgment becomes void.

A person who is not a party to the proceeding cannot file a caveat. Section
148A of the Code provides the rights and duties of the caveator, applicant,
and court in sub-sections (2), (3), and (4). If the rules outlined in these
sections are not followed, the purpose of enacting Section 148A is defeated.
Before issuing any interim order against the caveator, the court must hear
his petition, which is mandatory. The caveat petition is valid for 90 days from
the date it is filed. Following that, the caveator may renew the petition.