What Is a Caveat - Pahuja Law Academy
Introduction
The Latin term "caveat" signifies "let the person beware," and in a legal context, it is generally understood as an official request to refrain from engaging in a particular activity without notifying the individual who initially issued the warning. Section 148A of the Civil Procedure Code (CPC) governs the operation of a caveat. The individual who files a caveat is referred to as the Caveator, while the person who initiates or may initiate a lawsuit is termed the Caveatee. The primary objective of filing a caveat is to prevent the court from issuing ex parte orders without considering the Caveator's interests. Additionally, the use of caveats can alleviate the court's workload and facilitate the resolution of disputes by reducing the necessity for multiple legal proceedings.
WHEN TO LODGE A CAVEAT IN CPC?
Individuals may file a caveat under Section 148A if they believe they are or will be involved in judicial proceedings in any court. There are two principal circumstances under which this caveat may be filed:
1. During the course of an ongoing legal action or proceeding where an application has been or is expected to be made.
2. When a lawsuit is anticipated to be initiated in the future and an application is expected to be submitted in connection with that case.
Who May Lodge A Caveat?
1. Parties to the litigation in accordance with Section 148A.
2. Individuals with a reasonable interest or connection to the matter, even if they are not formally parties.
How to File A Caveat?
Pursuant to Section 148A of the CPC, a caveat must be filed with the signature of the person filing it or their legal representative. If the caveator is represented by an advocate, a Vakalatnama authorizing the advocate to act on behalf of the caveator must be included in the submission. Upon filing, the caveat is recorded in a special register maintained by the court for this purpose. This register is kept in a petition format or in any other format deemed appropriate by the court.
The caveat register includes, in addition to the names and addresses of the caveator, the names of the plaintiff and defendant, and the date and number of the anticipated judicial proceeding as stated in the caveat, other pertinent details. To demonstrate service upon all relevant parties, the caveator must submit a copy of the caveat along with proof of postage.
The cost of filing a caveat, which generally does not exceed 100 Indian Rupees, varies between courts, making it accessible without imposing a significant financial burden.
Contents of Caveat
1. Name of the Caveator
2. Address of the Caveator
3. Name of the court
4. Suit and Appeal Information
5. Brief details about the Suit or Appeal
6. Names of Probable Plaintiffs/Appellants and Respondents
Time period:
A caveat remains valid for a period of 90 days from the date of filing. This duration affords the caveator a critical window of opportunity to become aware of and engage in any legal proceedings that may arise during this time. Upon the expiration of the initial ninety-day period, the caveator may file a new caveat if necessary, due to ongoing or anticipated legal matters. The ability to file successive caveats is a crucial provision that safeguards the caveator's rights over extended periods. This is particularly advantageous in complex situations where legal disputes may extend beyond three months.
Case Laws
Girindra Narayan vs. Nirmal Chandra
The court in this instance defined a caveat as a caution provided to the court by an individual stating that no order or judgment shall be issued without first notifying or hearing the caveator.
Mannil Paadikayil Kadeesa Umma v. Kattil Vayalil Parkkum Koiloth - In this instance, the court decided that no proviso could be filed by a party that is not involved in the lawsuit, as the caveat was intended to save the court money and facilitate the proceedings.
Union of India v. Deepak Khosla & Ors. - In this instance, the court decided that only civil processes are covered by Section 148A of the Civil Procedure Code. As a result, objections to petitions filed under Article 226 of the Indian Constitution or the Criminal Procedure Code cannot be raised.
The Reserve Bank of India & Ors. v. The Reserve Bank of India Employees Association & Anr - The appellants in this case filed a caveat petition to challenge the respondent's injunction ruling. The plaintiffs received a notice and all other pertinent papers or documents in relation to the caveat filed. Contrary to what the appellants claimed, the court found that a caveat does not diminish a court's authority to deliver justice; rather, it grants the right to be informed of the case's hearing.
