Introduction

• It often happens that a person anticipates a suit to be filed against him or her and fears that a ruling might be pronounced in his/her absence which might affect him adversely.
• In such scenarios, the Code of Civil Procedure, 1908 (CPC) provides for filing of a Caveat by the person anticipating a suit against him or her.
• The word Caveat has not been defined in the CPC, and is derived from the Latin word "cavere," which denotes "warning," "hint of caution," or "let him beware.”
• In law, a Caveat is a formal notice sent by the person requesting to be informed before pronouncing any adjudication involving him.

Caveat in Civil Procedure Code, 1908

• 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.
• The person filing or lodging a caveat is called ‘Caveator’.
• Inserted by the Amendment Act of 1976, the concept of Caveat is defined under Section 148A of CPC.
• Section 148A allows a person to lodge a caveat in a suit or proceeding which is instituted or about to be instituted against him.
• This Sections applies to suits, appeals, revisions, writ petitions, execution proceedings etc.

Sec. 148A - Right to lodge a caveat

(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.

Some of the Key Highlights Related to Caveat

Objectives of Caveat

• The underlying objectives of a caveat are as follows:
  • It safeguards the interest of a caveator so that any ex parte decree can be avoided.
  • It seeks to avoid multiplicity of proceedings.
  • By filing of a caveat, a caveator gets a fair chance of being heard.

Essentials of a Caveat Under CPC, 1908

• An application against the person filing the Caveat is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, in a Court.
• 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.

Process After Filing of Caveat

• According to Section 148A (3) of CPC, where, after a caveat has been lodged, any application is filed in any suit or proceeding, the Court shall serve a notice of the application on the caveator.
• 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.

When a Caveat May be Lodged

• A Caveat may be lodged after the judgement is pronounced or an order is passed.
• In exceptional cases, a caveat may be filed even before the pronouncement of judgment or passing of an order.

Period of Expiration of Caveat

• According to Section 148A, a Caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged.

Form of Caveat

• No form of caveat has been prescribed under the Code.
• A caveat may be file in the form of a petition wherein the caveator has to specify the nature of the application which is expected to be made or has been made.

Rights and Duties of the Caveator

• Sub-section (2) of Section 148A provides that when a caveat has been lodged under sub-section (1), the caveator shall serve a notice of the caveat to the person by whom the application has been made or is expected to be made under sub-section (1).

Rights and Duties of the Court

• The duty of the court arises, once the caveat is lodged and notice is served upon the applicant.
• Sub-section (3) of Section 148A provides that after a caveat has been lodged and thereafter any application is filed in any suit or proceeding, the court must serve a notice to the caveator.

Rights and Duties of the Applicant

• Sub-section (4) of Section 148A, directs the applicant to provide a copy of the application made by him along with any other document or paper that may have been filed by him in support of his application to the caveator.

Landmark Case Laws

• In the case of Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma (1991), the Kerala High Court held that a caveat is not to be filed by a person who is total stranger to the case. Therefore, a Caveator shall be the party to the case.
• In the case of Deepak Khosla v. Union of India & Ors (2011), it was held by the Delhi High Court that a Caveat under Section 148A of the Civil Code cannot be made in a criminal or a constitutional matter.