CAVEAT

The term “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 given to the party lodging the caveat. It is very common in testamentary proceedings. It is a precautionary measure taken against the grant of probate or letters of administration, as the case may be, by the person lodging the caveat. Section 148-A of the Code of Civil Procedure provides for lodging of a caveat.

Section 148-A

Section 148-A, as inserted by the Amendment Act, 1976 is a salutary provision. It read as under:

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 caveators 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: firstly, to safeguard the interest of a person against an order that may be passed on an application filed b 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, 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. Secondly, to avoid multiplicity of proceedings. In the absence of such a provision, a person who is not a party to such an application and is adversely affected by the order has to be taken appropriate legal proceedings to get rid of such order.

The provision related to the caveat would be applicable to suits, appeals as well as other proceedings under the code or under other enactments. 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. Interim order passed without giving notice to the caveator is not without jurisdiction and is operative till it is set aside in appropriate proceedings.

Who may File?

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, which the applicant might move for the grant of interim relief. 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 likely to be passed on an application which is expected to be made in a suit or proceeding institute or about to be institute in a Court. Thus, 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.

Rights and Duties

Sub-section (2), (3) and (4) of Section 148-A prescribe the rights and duties of the caveator who lodges a caveat, of the applicant who intend to obtain an interim order and of the Court.

Under Sub-section (2) of Section 148-A, once a party is admitted to the status of a caveator, he is clothed with certain rights and duties. It is his duty to serve a notice of the caveat lodged by him by registered post on the person o persons by whom an application against the caveator for an interim order has been or is expected to be made.

Sub-section (4) of Section 148-A provides that is the duty of the applicant to furnish to the caveator forthwith at the caveator’s expense a copy of the application made by him along with the copies of papers and and documents on which he relies. This provision thus makes it obligatory for the applicant to serve his application along with all copies and documents filed or intended to be filed in support of this application.

Once a caveat had been lodged, under Sub-section (3), it is duty of the Court to issue a notice of that application on the caveat. This duty has been cast on the Court obviously for the purpose of enabling the caveator to appear and oppose the granting of an interim relief in favour of the applicant.