Caveat (Section 148-A of The Code of Civil Procedure)

           Section 148-A of the civil procedure code speak about Caveat. Caveat means Beware. It is a warning or caution given by a party to the court not to take any action or grant any relief to the applicant without notice being given to the party lodging the caveat. After lodging a caveat it remains in force for 90 days. It shall not remain in force after the expiry of 90 days from the date on which it was lodged. Caveat is very common in testamentary proceedings

1) Meaning and Definition of Caveat 

          The term "caveat" has not been defined in the Civil Procedure Code.  It has been derived from Latin which means 'beware'. Dictionary meaning of Caveat is any entry made in the book of the offices of a registry or Court to prevent A certain step being taken without prior notice to the person entering the caveat.

2) Provisions of Caveat (Section 148-A) 

Right to lodge a caveat  - Section 148A of the code of Civil Procedure.

(1) Where an application is expected to be made or has been made, in a suit or proceeding instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.

(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been, or is expected to be, made, under sub-section (1).

(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.

(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator‘s expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.

(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.

3) Who may File Caveat - 

       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.
      According to Section 148A  sub Section (1) Where an application is expected to be made or has been made, in a suit or proceeding instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.

A person who is a stranger to the proceeding cannot lodge a caveat. Likewise, a person supporting the application for interim relief made by the applicant also cannot file a caveat.

4) Time Limit - What is time period for which caveat stays in force?

    Caveat duration - Caveat will remain in force for 90 days from the date of its filing.  After 90 days Fresh Caveat Petition can be filed.

5) What happens if the caveat is filed and the Court and the applicant don't give notice to the Caveator? 

     It cannot be done,  because the Court is bound by the Caveat. But if the Court or the Applicant ignored it then whatever decree or order is passed that becomes null and void.



See also...

1. Provisions relating to 'reference' under the Civil Procedure Code

2. Difference Between Summary Suit and Ordinary Suit (Regular Suit)

3. What are the similarities between Order and Decree?

4. Suits relating to public nuisance Section 91 of civil procedure code

5. What is Stay of suit or Res-Subjudice?