Caveat is a petition a person files in a court for ensuring that no proceedings should be taken in the matter referred to in the petition, without issuing a notice to the person filing it.
A caveat can be filed in respect of an application to be made or that has been made in a suit or proceeding instituted, or to be instituted by another person, in a court.
Section 148A 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 for the hearing of the application which the applicant may move for the grant 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 Must 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 the filing of 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. A 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 the filing of the caveat, the caveator will get a notice of any application filed in a suit or proceeding by the other party as well. When a caveat is lodged, the court is duty-bound not to hear the matter ex parte.
Similarly, the applicant, who gets notice regarding the filing of the caveat, is duty-bound to bring to the notice of the court that a caveat has been filed and that 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 copies of all papers and documents filed. The expenses for providing the copies 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 already been made, and also state the right to appear before the court at the hearing of such application. The registry has to maintain a register for caveats.
Reference
- The Code of Civil Procedure (CPC)
