CAVEAT & ITS RELEVANCE (PETITION U/s 148-A of CPC)

A Caveat is a Latin expression which signifies ‘let an individual be careful’. In law, it might be comprehended as a notification, particularly in probate that any specific actions may not be made without informing the individual who gave the notification.

Under civil procedure code, 1908, section 148-A deals with the provision of caveat. Even Though CPC does not define caveat in the case of Nirmal Chand v. Girindra Narayan, the court defined caveat as a warning given by an individual to the court that no adverse order or judgment shall be passed without giving notice or without hearing the caveator. The person who files a caveat is called the Caveator and the person who has instituted a suit or is likely to do so is called caveatee.

The very purpose of caveat is to make sure that court doesn’t pass any ex-parte orders and thus, secures the interest of caveator. Caveat even lessens the burden of court & brings an end to the litigation as it reduces the multiplicity of trial proceedings.

WHO CAN LODGE CAVEAT?

Section 148-A further gives the right to file caveat by an individual, regardless of whether he or she may be involved with the suit or not, as long as the person filing the caveat has the right to appear before the court with regard to the suit in question. In this way proviso can be documented by an outsider too, on the off chance that they in any way are associated with the suit being referred to.

In case Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma, the same principle had been laid down and it was said that caveat cannot be filed by any such person who doesn’t hold locus standi in such matter.

WHEN TO FILE A CAVEAT PETITION?

As per Section 148-A of CPC, when people apprehend that some case against them is filed or may be filed in any court of law, then they reserve a privilege to hold up a proviso (caveat). The Caveat might be held up as an appeal under the accompanying conditions;

1. During  continuation of a law suit  and where the application as of now has been made or is relied upon to be made;

• The suit is going to be founded and, in that suit, an application is expected to be made before the court of law.

It is an application before a suit is instituted or the suit is likely or, could be instituted in future, where a suit is not instituted yet, but the same is expected. In all such situations the right to lodge a caveat arises.

WHERE CAN A CAVEAT BE LODGED?

As and when the caveator envisions some lawful procedures to be recorded against him, he can file caveat petition in any Civil Court of unique locale, Appellate Court, High Court and the Supreme Court. However, in Deepak khosla v. Union of India & ors, the court held that Section 148-A of the code applies to civil proceedings only and caveat cannot be made against petitions made under the Criminal Procedure Code or petition made under Article-226 of the Constitution of India.

HOW TO FILE A CAVEAT?

A caveat is filed under section 148-A, represented by an advocate of the caveator, accompanied by his Vakalatnama and the petition shall be signed by the caveator itself or advocate. Every court has maintained a caveat register which contains the date of caveat, name, address of caveator, name of plaintiff, name of the defendant and number of proceedings filed as anticipated by caveator. A caveat is filed with a duplicate, the postal confirmation and an application disclosing to the court that a copy of the caveat has been sent to all the parties and therefore, the court need not do likewise. Even though the court fees of filing a caveat varies for different courts, it is generally a nominal amount of less than INR 100. The rules and format of the caveat are similar for most of the courts.

While filing a petition of caveat in Delhi High Court, follow the below-mentioned steps:

• Once the requisite documents are submitted and sent to the lawyer, the lawyer drafts the caveat petition.
• The petition is then filed with the appropriate court and the rest of the documentation work is completed by the lawyer.

WHAT DOES A CAVEAT INCLUDE?

A caveat notice should contain the following information:

1. Name of the caveator;
2. Address of the caveator where the notice would be sent;
3. The name of the court where such caveat is filed;
4. The number of the suit and the number of the appeal if applicable;
5. Brief details about suit or appeal likely to be filed;
6. Name of the probable plaintiffs or appellants and the respondents.

LIMITATION OF TIME:

As provided by the section in clause 5, the caveat stays in force for a period of 90 days. If within these 90 days an application is filed, then the court, as well as the applicant, has to give notice to the caveator. However, if no caveat is filed within these 90 days, then no one is duty bound to inform the caveator, i.e. if the application is filed after the expiration of such period, the caveat stands null and void. If the caveator still wants to be informed then a fresh caveat needs to be lodged for the next 90 days.