Definition of Caveat

A Caveat is a notice to the court or any public official requesting no steps be taken in a certain case without hearing the party making the Caveat Application.

Where is Caveat Defined under Indian Laws?

Section 148A of the Civil Procedure Code, 1908 provides the right to lodge a Caveat to any person with interest in certain legal proceeding with respect to a certain subject matter is about to be instituted before any court.

What is the procedure to file Caveat?

The Caveator shall then have to serve the notice of such caveat to those who possibly may institute such legal proceedings. Thus after the filing of a caveat and serving notice to the suitable parties, any application, appeal or any proceeding that is instituted before the court shall not proceed without the Caveator being present in person or through a lawyer. The law also mandates that the Caveator has to be supplied with the copies of the documents being filed along with the application to the court. This ensures the no interim orders are passed without hearing the Caveator’s pleadings.

Who can file a Caveat?

Period for which a Caveat Application holds well

A Caveat remains in force for a period Ninety days (90) from the date of filing.

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Objective of introducing a provision of Caveat

The intention of legislature behind the Section 148A CPC is to enable the parties to be heard by the court in a proper manner. This right provided ensures that no ex-parte interim orders are passed by Court while showing the cause as to why an interim order should not be passed and the proceeding should not be admitted. The provision thus levies a duty upon the court to hear the Caveator before any interim order is passed against him.

Effect of failure to hear the Caveator

The admission of a suit, application, appeal etc is a matter between the plaintiff, applicant, appellant as the case may be and the Court. But the caveat application provides that no order affecting the Caveator is passed without providing him with an opportunity of being heard. Thus in an event where a caveat is filed, it then becomes a Condition Precedent for any temporary order by the Court which shall affect the Caveator.

How to file a Caveat?

A Caveat can be filed in the Court of Original Jurisdiction, Appellate Court, High Courts, and the Supreme Court. The rules and format of the Caveat are almost similar for most Courts. The basic information to be provided in the Caveat is the name and address the Caveator, name an address of the possible applicant/ plaintiff/ appellant, the nature of legal proceedings apprehended to be filed in the future, subject matter of the proceedings, brief detail of the earlier proceeding, if any, from which the present proceedings shall reap etc.

A Caveat signed by the Caveator has to be presented to the authorized Court Officer accompanied by the Vakalatnama/ Undertaking of the Advocate appointed for the possible proceedings who shall represent the Caveator.