CIVIL PC
the term Caveat in CPC assumes a pivotal role,
providing a shield of protection for individuals and
entities navigating the labyrinthine landscape of the
Civil Procedure Code (CPC). A caveat serves as a pre-
emptive legal notice, cautioning that no actions be
taken without notifying the caveator, thereby
safeguarding their rights and interests.
This legal mechanism embodies the principles of
fairness and due process, ensuring that parties have
the opportunity to present their case before the court
proceeds.
The term “caveat,” originating from Latin, means “let a
person be aware.” In the legal context, it can be
understood as a notification that requests someone not
to take specific actions without first informing the party
issuing the notification.
In civil procedure law, the concept of a caveat is
addressed in Section 148A. Although the Civil
Procedure Code does not provide a specific definition
for “caveat,” a court ruling in the case of Nirmal
Chand v. Girindra Narayan clarified that a caveat in
CPC is essentially a warning from an individual to the
court. This warning states that no order or judgment
should be issued without notifying the person who
lodged the caveat or without allowing them an
opportunity to be heard.
The person who files a caveat is known as the
“Caveator,” while the individual initiating a lawsuit or
intending to do so is referred to as the “caveatee.” The
primary purpose of a caveat is to ensure that the court
does not make decisions in the absence of one party,
known as “ex parte” orders and to safeguard the
interests of the Caveator.
It is a petition which asks for due notice to be given to
the caveator (who files a caveat petition) that no action
or relief be granted to the applicant without a notice
being given to the caveator.
Section 148A of the Code of Civil Procedure, 1908 deals
with the concept of caveat. It states that a person can
file a caveat in a court to ensure that no order or
judgment is passed without giving them notice or an
opportunity to be heard.
148A. Right to lodge a caveat:
Section 148A of the CPC grants the right to lodge a
caveat to any person who believes they have a
legitimate claim and wants to appear before the
court. This allows them to file a caveat when they
anticipate or when an application has already been
made in a suit or proceeding that is either ongoing
or about to be initiated in a court.
The caveator who lodged the caveat is required to
issue a notice of the caveat to the person who has
filed an application or is expected to make an
application. This notice should be sent by
registered post with acknowledgement due. It
ensures that the concerned party is made aware of
the caveat and the caveator’s intention to be heard
in the proceedings.
When a caveat has been lodged by the caveator
under sub-section (1), the court is responsible for
serving a notice to the caveator regarding any
application that has been filed in a suit or
proceeding.
If a notice of a caveat has been served on the
applicant, the applicant is required to provide a
copy of the application and its supporting
documents to the caveator. The applicant bears
the cost of furnishing these documents to the
caveator. This ensures that both parties have
access to the necessary information and can
present their case effectively.
The caveat filed by the caveator remains valid for a
period of 90 days from the date of lodging, unless
the application mentioned in sub-section (1) is
made before the expiry of that period. This means
that if the application is filed within the 90-day
timeframe, the caveat remains in effect. However,
if the application is not made within that time
frames, the caveat will no longer be valid.
Where Can a Caveat be Lodged?
A caveat in CPC can be lodged in various types of
courts when the caveator expects legal proceedings to
be initiated against them in the near future. This
includes Civil Courts with original jurisdiction, Appellate
Courts, High Courts and even the Supreme Court. Civil
Courts encompass a range of judicial bodies such as
Courts of Small Causes, Tribunals, Forums and
Commissions.
However, it’s essential to note that in the case
of Deepak Khosla v. Union of India & Ors, the court
ruled that Section 148A of the Civil Procedure Code
applies exclusively to civil proceedings. Therefore,
caveats cannot be filed against petitions under the
Criminal Procedure Code or petitions made
under Article 226 of the Constitution of India.
How to File a Caveat under CPC?
To file a caveat under Section 148A, the caveator or
their advocate must sign the document. If an advocate
represents the caveator, the caveat should be
accompanied by a Vakalatnama (a legal authorisation
for representation).
The caveat is then registered in a designated caveat
register maintained by the courts. This registration can
be in the form of a petition or any other prescribed
format. The caveat in CPC register includes information
such as the date of the caveat, the name and address
of the caveator, the names of the plaintiff and
defendant and the anticipated date and proceeding
number as perceived by the caveator.
When filing a caveat under CPC, a copy of the caveat,
postal proof of sending the caveat to all relevant parties
and an application explaining that copies have been
sent should be included. The court fees for filing a
caveat may vary depending on the specific court, but it
is generally a nominal amount, typically less than INR
100. The rules and format for caveats are mostly
consistent across most courts.
What Does a Caveat Contain?
A caveat, which serves as a notice to the court
regarding certain actions that should not be taken
without informing the caveator, typically includes the
following information:
Name of the Caveator: The person or entity
lodging the caveat.
Address of the Caveator: The address where the
notice should be sent.
Name of the Court: The specific court where the
caveat is being filed.
Suit and Appeal Information: If applicable, the
caveat should include the suit number and the
number of the appeal.
Brief Details about the Suit or Appeal: A
concise description of the lawsuit or appeal that is
anticipated to be filed.
Names of Probable Plaintiffs/Appellants and
Respondents: The names of the individuals or
parties who are likely to initiate the lawsuit or
appeal, as well as the names of those who may be
on the opposing side.
Limitation of caveat
148A(5) states that, the caveat shall remain in force for 90 days from
the date of filing. The caveator can file a fresh caveat petition after 90
days.
DUTIES OF CAVEATOR
Caveator is a person who files the petition for caveat.
He is imposed with certain duties under the law, which
is provided in clause 2 of section 148 A of the code.
1. The caveator is directed to give due notice of the
caveat by way of registered post,
acknowledgement due-
2. on the person by whom the application has been
3. And on the person who is expected to be, made,
under sub-section (1).
DUTY OF THE COURT
The court’s duty is triggered once a caveat is lodged
and notice is served upon the applicant. According to
Clause (3) of the Section, after a caveat has been
lodged, if any application is subsequently filed in any
suit or proceeding within the next 90 days, the court is
obligated to serve a notice on the caveator.
This means that if, after filing the caveat under CPC, an
application is made within the next 90 days, the court
must inform the caveator by serving them notice. This
allows the caveator the right to be heard before the
court in relation to the application.
DUTY OF THE APPLICANT
Duty of the applicant is provided in clause 4 of the
provision. It says that in case where a notice of any
caveat has been served on the applicant, he is directed
to furnish:
1. Due copy of the application made by him.
2. The copies of any document or paper which has
been filed by him in support of his application
3. The copies of paper and document which may be
filed by him in support of his application
The court will not proceed with the application unless
the applicant submits an affidavit confirming that they
have served a notice to the caveator.
Time period for a caveat
A caveat in CPC, once filed, remains in effect for a
period of 90 days from the date of its filing. After this
initial 90-day period, it is possible to file a fresh caveat
petition if necessary. This allows the caveator to
continue to be notified and have the opportunity to
participate in the legal proceedings.
The ability to file a fresh caveat petition ensures that
the caveator’s interests are protected, especially in
cases where ongoing or potential legal disputes are
protracted over time. It provides a mechanism for the
caveator to stay informed and involved in the
proceedings as needed.
IMPLICATION OF NON SERVING OF NOTICE BY
COURT
The result of the situation where notice has not been
served by the court was explained in the case of C.
Seethaiah v. Govt. of A.P (1) AIR 1983 AP 443. It
was held that an order that is passed by the court
without giving notice to the caveator shall be illegal
though not nullity.
The intention of the legislature is clear in the words of
the provision that the caveator must be furnished with
copies of petitions and documents filed by the other
side and should be duly heard before the court can
pass any order. It is for this purpose that the legislature
imposes a duty on both the court and the applicant
under sub section (3) and (4) respectively.
The court said that the object of inserting this provision
in the code is to give a proper opportunity of being
heard before an interim order could be passed. This
right is given to any person who might be affected by
the interim order.
Therefore any person who claims to be affected by the
interim order of the court is given the right to lodge a
caveat under the provisions of the code. It was also
observed that after filing of a caveat, this becomes a
condition precedent for passing an interim order to
serve a notice of the Application on the caveator who is
going to be affected by the interim order.
Unless the condition precedent (notifying the caveator)
is satisfied, it is impossible for the Court to pass the
interim order which in turn may affect the caveator.
In a landmark case of Reserve Bank of India
Employees Association and Another v. The
Reserve Bank Of India And Others AIR 1981 AP
246 the question of law before the court was whether
an order of stay that is made without hearing the
caveator is unenforceable or is a nullity.
The court held that an order that is passed without
giving due notice to the caveator cannot be held as a
total nullity. It was said that if the legislator’s intent was
to curtail the ordinary powers of a civil court it could
have done so by a direct legislation rather than by an
indirect one. The powers of a Civil Court are too
sacrosanct for it to be allowed to be altered or diluted
or even curtailed by a remote implication.
It was held in this case that a mere lodgment of a
caveat petition will not curtail the power of the court
even if the caveator was not informed of the date of
hearing of the matter. Caveat is merely a right of the
person to be notified but this cannot bar the court from
passing interim order on the merits of the case.
ADVANTAGES OF FILING A CAVEAT PETITION
1. It safeguards the basic right of being heard of the
caveator.
2. An ex parte order can be made against the
caveator from the time he files for a caveat
petition.
3. It avoids multiplicity of cases and also avoids
inconvenience to the courts
4. The interim order so passed is unenforceable if it
passed ex parte.
5. Conclusion
In conclusion, the caveat serves as an important legal tool to protect the
interests of parties involved in a legal matter. Under Section 148 of the
Civil Procedure Code a caveat serves as a remedy provided by the
legislature for individuals who believe that legal action might be taken
against them. It allows them to be notified and have a chance to present
their case before any further proceedings occur. By filing a caveat,
individuals can protect their interests and ensure that they are given an
opportunity to defend themselves. It’s an important provision that helps
maintain fairness and transparency in the legal system.
REFERENCES
https://lawinsider.in/columns/guidelines-and-landmark-
judgements-on-caveat-section-148a-cpc
https://legalupanishad.com/caveat-under-section-148a-of-cpc/
https://lawbhoomi.com/caveat-in-cpc/
#Whether_Caveat_Application_is_Viable_in_Criminal_Cases_to_Contradict_The_Prayer_of_Accused
_Seeking_An_Interim_Order
