CAVEAT
Meaning
The term "caveat" has not been defined in the Code. The word (caveat) has been derived from Latin
which means "beware". According to the dictionary meaning, "a caveat is an entry made in the books
of the offices of a registry or court to prevent a certain step being taken without previous notice to the
person entering the caveat".
In other words, a caveat is a caution or warning given by a party to the court not to take any action or
grant any relief to the applicant without notice or intimation being given to the party lodging the
caveat and interested in appearing and objecting to such relief.
In Nirmal Chandra Dutta vs. Girindra Narayan Roy, AIR 1978, the Hon'ble High Court defined the
word "Caveat" as follows: A Caveat is a caution or warning giving notice to Court not to issue any
grant or take any step without notice being given to party lodging the Caveat. It is a precautionary
measure which is generally taken against the grant of probates or letter of administration as the case
may be by the person lodging the caveat. But now it has also been extended to other civil proceedings.
The person filing or lodging a caveat is called "caveator". Section 148-A of the Code of Civil
Procedure provides for lodging of a caveat.
SECTION 148-A: Right to lodge a caveat
Section 148-A, as inserted by the Amendment Act, 1976 is a salutary provision.
(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.
OBJECT
The underlying object of a caveat is twofold:
1. providing an opportunity to the other party to be heard before an ex-parte order is passed:
This section safeguards the interest of a person against an order that may be passed on an
ap-plication filed by a party in a suit or proceeding instituted or about to be instituted.
Such a person lodging a caveat may not be a necessary party to such an application, but he may
be affected by an order that may be passed on such application.
This section affords an opportunity to such party of being heard before an ex parte order is made
2. to avoid multiplicity of proceedings, in case a non-party wants to be heard in a suit between some
other persons, which also saves the cost and convenience of the Court.
NATURE AND SCOPE
Section 148-A enacts that a caveat can be lodged in a suit or proceeding. Construing the connotation
in a narrow manner, some High Courts have taken the view that no caveat can be filed in a first or
second appeal or in execution proceedings. But, as observed in Ram Chandra Aggarwal v. State of
U.P. AIR 1966, the expression "Civil Proceedings" in Section 141 of the Code includes all
proceedings which are not original proceedings. Thus, the provision relating to caveat would be
applicable to suits, appeals as well as other proceedings under the Code or under other enactments.
Again, it is no doubt true that no order should be passed against the caveator unless he is heard, but if
the caveator is not present at the time of hearing of the application and the court finds that there is a
prima facie case in favour of the applicant, ad interim relief can be granted by the court in his favour.
Who May Lodge Caveat?
Sub-section (1) of Section 148-A prescribes qualifications for the person who intends to lodge a
caveat. He must be a person claiming a right to appear before the court on the hearing of the
application.
The language of sub-section (1) of Section 148-A is wide enough to include not only a necessary
party, but even a proper party.
Hence, a caveat may be filed by any person who is going to be affected by an interim order
Remark: Generally, a caveat can be filed after the judgment is pronounced. In exceptional cases,
however, a caveat may be filed even before the pronouncement of the judgment.
When Caveat Does Not Lie?
The provisions of Section 148-A of the Code can be attracted only in cases where the caveator is
entitled to be heard before any order is made on the application already filed or proposed to be filed.
The section cannot be construed to mean and provide that even in cases where the Code does not
contemplate notice, it can be claimed by lodg-ing a caveat. Such a construction would be inconsistent
with the object underlying Section 148-A.
Form of Caveat
No particular form is prescribed for a caveat. It can be in the form of a petition. The caveator must
specify the nature of the application that is likely to be filed and his right to appear and oppose at its
hearing.
Rights And Duties
Sub-sections (2), (3) and (4) of Section 148-A prescribe the rights and duties of the caveator who
lodges a caveat, of the applicant who in-tends to obtain an interim order and of the court.
Time limit
Sub-section (5) of section 148-A — A caveat lodged under sub-section (1) will remain in force for
ninety days from the date of its filing.
After the prescribed period of ninety days is over, caveat may be renewed.
