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Introduction

Caveat application in the Indian court means that you are requesting any court that if in case a
specified person or organisation files a case in the court in which you are having some valid
interest than no order should be passed by that Hon'ble court without giving you a notice
about that case being filed and also without listening your side in that matter.
Caveat petition is a precautionary measure which is undertaken by people usually when they
are having very strong apprehension that some case is going to be filed in the court regarding
their interest in any manner.
The caveat petition remains in force only for 90 days and if during that duration no case gets
filed from the opposite side than you have to again file a fresh caveat petition as new in the
court. you have to clearly specify the name of the opposite party whom you apprehend to file
a case against you.
Caveat
Caveat: A Caveat is an entry made in the books of the offices of a register 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 giving notice to the court not to take any step without
notice being given to the party lodging the care at. It is very common in testamentary
proceedings. It is a precautionary measure taken against the greater of probate or letters of
administration, as the case may be, by the person lodging the caveat. Section 148A of the
code of civil procedure provides for lodging of a caveat.. Section 148 A has been introduced
in the present code by the code of procedure (Amendment) 1976. Civil Act.
DEFINITION OF CAVEAT -Not defined in CPC In the case of Nirmal Chand v
Girindra Narayan, AIR 1978 Cal 492 as given by the Honble Court A caveat is a
caution or warning given by a person to the court not to take any action or grant relief
to the other side without giving notice to the caveator and without affording opportunity
of hearing him
Object:
A caveat protects the caveators interest. The caveator is already ready to face the suit or
proceedings which is expected to be instituted by his opponent. Hence no exparte order shall

be passed against the caveator. The caveat avoids multiplicity of proceedings. Thus it saves
the expenses costs and conveniences of the Courts.
Examples: A is owner of a housesite. He wants to construct a building He got the permission
from the Municipality. A started construction. Meanwhile, B the neighbourer claimed some of
the land of A and objected the construction, on the pretext of some bias,immediately on the
day of threatening itself. A filed a caveat against B in the competent civil court praying the
Court to give him a notice before passing any interim order or relief in case if B filesany
application before the Court, so that he could give the answer to the claim of B.
148A. Right to lodge a caveat.
[148A. Right to lodge a caveat.
(1) Where an application is expected to be made, or has been made, in a suit or proceedings
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.

PURPOSE
A caveat may be lodged with a view to opposing an application and not for the purpose of
supporting an application that has been filed or is expected to be filed by a party in a suit or
proceeding. In fact, caveat is a shield by using which Person can prevent ex-parte order.
WHO MAY LODGE?Any person claiming right to be appear before court on hearing of an application, when such
application is expected to be made/has been made is suit/proceedings /instituted/expected to
be instituted in court, may lodge a caveat in that respect
NATURE
Section 148 A Civil Procedure Code Sub-Section
(1) Substantive Statutory right to lodge caveat in civil proceedings
(2) Directive in nature To serve a notice of caveat to applicant
(3) Mandatory Costs obligation on court to serve notice (4) Directive To furnish a copy of an
application and documents
SCOPE
Any party affected by interim order can file caveat. (Nirmal Chandra v. Girindra Narayan
(1978)) Person who is total stranger to proceeding cannot lodge caveat. (Rattil Parkkum v.
Mannil Paadikayil)
APPLICABILITY In testamentary proceedings Indian succession Act 1925 (section 284 )
Suits and other proceedings( appeal, revision, execution) Code of civil Procedure 1908
(section 148 A) Writ
TIME LIMITThe caveat petition remains in force only for 90 days and if during that duration no case gets
filed from the opposite side then caveator has to again file a fresh caveat petition as new in
the court.petition Industrial court or Labour court (Ram Chandra v. State of Up., AIR 1966
SC 188)
WHERE CAVEAT DOES NOT LIE?

Proceedings under Article 226 of the Constitution of India. (Harikishnan v. Jacob, 1 )


Execution proceedings. Jayarama v. Ajjanna on 26 September, 1986 2Proceedings under
Criminal Procedure Code .(Ms. Nisha Priya Bhatia v. High Court on 22 July, 2011)
WHEN CAVEAT IS NOT MAINTAINABLE Lodged with a view to supporting an
application that has been filed or is expected to be filed by a party in a suit or proceeding.
The caveat is filed in collusion

MeathodNo form is prescribed for the caveat.


The caveator may file a caveat in the form an application or petition before the court
submitting the cause of action giving the name and description of the opponent. The copy of
the application shall be sent to the opponent party in advance by Registered post
Acknowledgement due, before filing it in the court.
Right of the Caveator: A caveat protects the interests of caveator. The court must give a notice
to the caveator or to his advocates. If the opponent party files proceedings/application for the
interim order. The court shall not give any ex parte interim order to the opponent party
without hearing the caveator.
VACVATING AND WITHDRAWL OF CAVEAT
Vacating Caveat Petition is not clear, so once it will be registered then it will be in force for a
period 90 days.Withdrawal of Caveat Petition is also in same position
LAND MARK JUDGEMENTS
1-Siddalingappa G.C. v. G.C. Veerana,3 If a party has a right to file the caveat and order is
passed without hearing him, then such an order passed becomes bad at law and thus is
unenforceable. Reserve Bank of India Employees Association v. RBI 1966 SCR (1) 25

1 AIR 2005 Ker 220)


2 (ILR 1986 KAR 3583)
3 1981 (2) KLJ 323

without serving them a notice and without hearing them. The ex parte interim order was
held to be bad by the 2-Supreme Court
2-(St of Karnataka v. Nil Employees' Asso. v. RBI 1995) When there is uncertainty as to who
is likely to file app., court may allow caveat without naming applicant & serving notice .
(1981) court must notify caveator when any order is passed but in case interim order is passed
without notifying, then such order is not without jurisdiction.

POINTS FOR CONSIDERATIONS


1. Section 148A, it does not give a right to the party to file a caveat in all the execution
cases.
2. As per sub-section (3) of Section 148-A of the code the Court is bound to serve a
notice of the application, on caveator, before passing an interim order thereof. No
procedure provided as in sub section (2).
3. As per sub section (2) notice shall be served but no stage is mention such as prior to
filing the caveat or at the time of filing in the code.
4. If order has been passed without notice to the caveator it would be only unenforceable.
5. Vacating Caveat Petition is not clear
6. If the judgment-debtor is able to show that he has got a right to appear before the
Court, then only he/she can lodge caveat.
7. No form is prescribed for the caveat CPC
8. As section 148A provides a substantive right to lodge the caveat.
9. Sub-section (2) of Section 148-A provides procedure to access that right should not be
taken away by non compliance of such provision. Caveat can be filed only to oppose the
application and not to support.
10.Notice upon the caveator filing the date of hearing of the application is a must. It is a
mandatory under the Section 148A
11. Section 148A applies only to trial courts, but not appellate courts

12. In the execution of the decree 21, Orders 22 and 37 enact for the issue of a notice to
the judgments debtor, under some given circumstances. This gives the meaning that in
cases not covered by such provisions, notice of execution is not necessary. Therefore, the
judgment debtor is not entitled to a notice of an execution of a decree at theinitial stage by
lodging a caveat anticipating such an execution.
13.In Reserve Bank of India Employees Association Vs RBI the plaintiffs filed a caveat
before the court. The court before expiry of 90 days, issued an interim ex parte order
against the plaintiffs without serving them a notice and without hearing them. The ex
parte interim order was held to be bad by the Supreme Court.
CONCLUSION -No doubt the said parameters by interpretative process can be stretched in
order to effectively carry out the legislative intent but while doing so, the essential contents of
the statutory provisions and its very workability cannot be put to a stake thereby nullifying
the right of the applicant to the proceedings and virtually creating an impossibility for the
Courts to comply with the legislative mandate contained under sub-section (3) of Section
148-A of the Code.

ProblemFact-Anand is owner of a house-site. He wants to construct a building; he got the permission


from the Municipality. Anand started construction. Meanwhile, Bhaskar the neighbourer
claimed some of the land of Anand and objected the construction, on the pretext of some bias,
immediately on the day of threatening itself. Anand need precautionary measure petition
Issue- Maintainability of Caveat application in execution of decree
Solution-sec-148 A clearly states that 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 suit or proceeding instituted or about to institute in a court. (Nirmal Chandra v.
Grindira Narayan and siddalingappa v.G.C. veeranna)