What is a caveat?
Caveat is a petition, a person files in a court for the purpose that no step should be taken in the matter referred to in the petition without notice to the person lodging the caveat.
A caveat can be filed in respect of an application to be made or has been made in a suit or proceeding instituted at or to be instituted by another person, in a court.
The Section 148 A of the Code of Civil Procedure (CPC) provides for filing a caveat. The person who files the caveat is called a caveator.
Who can file a caveat?
A person who intends to lodge a caveat must be a person having a right to appear before the court on the hearing of the application which the applicant may move for the grand of interim relief.
Similarly, a 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 to be instituted in a court, can also file a caveat.
However a person who is a stranger to a decree cannot lodge a caveat.
Caveator has to serve a notice to the other party
When a caveat is filed in a court the caveator has to serve a notice of the caveat by registered post with acknowledgement due on the person who has been or is expected to file the application in the court.
Court must inform the caveator of any application
When a caveat is in force, the court is bound to serve a notice of filing an application by the other party, on the caveator.
This provision enables the caveator to get an opportunity to be heard before the court passes any order on the application by the other party. Caveat prevents the court from taking any step or granting any relief before giving notice to the person lodging the caveat.
Caveator will be informed of any application
After filing of the caveat, the caveator will get a notice of the application filed in any suit or proceeding by the other party as well. When a caveat is passed the court is dutybound not to hear a matter ex parte.
Similarly, the applicant, who gets the notice regarding the filing of the caveat, is duty bound to bring to the notice of the court that a caveat had been filed and the matter may not be heard without hearing the other party.
Caveator should get a copy of the application
When the caveator serves a notice of filing the caveat on the applicant the applicant shall be duty bound to furnish the caveator with a copy of the application made by him along with the copies of all papers and documents filed. The expenses for providing the copy must be borne by the caveator.
Caveat shall remain in force for 90 days
The caveat shall remain in force only for 90 days from the date of its lodging.
No specific form for caveat
No form of caveat is prescribed. It can be in the form of a petition. The caveator has to specify the nature of the application which is expected to be made or has been made and also has right to appear before the court at the hearing of such application. The registry has to keep a register for caveat.
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