LAW OF CAVEAT

Code of Civil Procedure

Submitted by:
Diwakar Chirania
SM0116018
3rd year 6th semester
B.A.LL.B (Hon’s)

Faculty In-charge
Prof. (Dr.) Subhash Chandra Singh
Professor of Law

National Law University, Assam

 CONTENTS
Table of Cases …………………………………………………...……………………...……..ii
Table of Statutes………………………………………………….……………………………ii
Table of Abbreviations …………………..………...………….................................................ii
Introduction……………………………………………………….…………………….….....iii
Scope & Objectives……………………………………………….…………………….….....iv
Literature Review……...………………………………...……………………………….…...iv
Research Questions………………………………...……………….………………..…….....iv
Research Methodology………………..…………………………….………………...…….…v
Nature & Scope of Caveat.......................................................................................................vi
Objects of Caveat……………………………….…………………………….......………....vii
Who may lodge Caveat…………………………………….……….......………...................vii
When Caveat may be lodged……………………….…………...…………….....................viii
When Caveat does not lie…………………………………………………………..………viii
Rights & Duties of
Caveator…………………………………………………………………………….viii
Applicant……………………………………………………………………………viii
Court……………………………………………………………………………….…ix
Vacating & Withdrawl of Caveat...........................................................................................ix
Conclusion…...……………………………………………………………...………………..ix
Bibliography…………………………………………………………….....……………….....xi
TABLE OF CASES

1. Nirmal Chand v Girindra Narayan

2. Ram Chandra Aggarwal v. State of U. P.
3. Siddalingappa G.C. v. G.C. Veerana
4. Reserve Bank of India Employees Association v. RBI

TABLE OF STATUTES
Code of Civil Procedure, 1908

TABLE OF ABBREVIATIONS

AIR All India Reporter

S.C. Supreme Court
V Versus
u/s Under section
CPC Civil Procedure Code
St. State

ii
 Abstract
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.
One has to clearly specify the name of the opposite party-- whom you apprehend to file a case
against you.
Introduction
Meaning of the term "caveat" has not been defined in the Code. The word (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 or intimation being given to the party lodging the caveat 1 and
interested in appearing and objecting to such relief. 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.' The person filing or
lodging a caveat is called "caveator". Section 148-A of the Code of Civil Procedure provides
for lodging of a caveat2.
Caveat application in the Indian court means that you are requesting any court that if in case a
specified person or organization 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 matter3.
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 one has to again file a fresh caveat petition as new in the
court.4

1
http://www.slideshare.net/shakuntla1/caveat-31607086
2
Takwani C.K., Civil Procedure, Sixth Edition, Eastern book company, p – 722
3
http://accountsknowledgehub.blogspot.in/2012/04/what-is-caveat.html
4
Dr. Jain Ashok K., Code of Civil Procedure, Ascent publications, p - 97

iii
 One has to clearly specify the name of the opposite party whom one apprehends to file a case
against.
In the case of Nirmal Chand v Girindra Narayan5, as given by the Hon’ble 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”.
Scope & Objectives
The Scope of the Project is limited to the study about the law of caveat under code of civil
procedure.
The objectives are:

• To study the circumstances in what cases caveat may be lodged or may not be lodged
under section 148-A of code of civil procedure.
• To enumerate the rights and duties of caveator, applicant and of Court.
• To examine the judicial scrutinises related to law of caveat.
• To Know the conditions of vacating and withdrawl of Caveat under section 148-A of
code of civil procedure.
Literature Review
C.K. Takwani, CIVIL PROCEDURE WITH LIMITATION ACT, 1963 6th ed. 2009,
Eastern Book Company.
This book provides a comprehensive, authoritative and lucid treatment of the subject,
compressing in its volume a vast amount of essential information. The work touches upon and
explains many grey areas code of civil procedure. It covers all the aspects the law of Caveat,
like nature and scope of law of caveat and discussed in what cases caveat may be lodged or not
furthermore deals with rights and duties of caveator, of applicant and of Court.

Dr. T.P. Tripathi, THE CODE OF CIVIL PROCEDURE, 2nd ed. 2008, Allahabad Law
Agency.
The book combines carefully selected extracts from key cases, articles, and other sources with
detailed commentary and explanation. Rather than simply presenting the forms for caveat and
entails the concept on who may caveat filed and it also discusses the effect of failure to hear
Caveator. Lastly it provides the elaboration on in what case withdrawal of caveat can be done.

Research Questions
1. What are the nature and Scope of law of caveat under code of civil procedure?
2. Who may lodge Caveat?

5
AIR 1978 cal 492

iv
3. In what cases caveat may be lodged?
4. What are the rights and duties of Caveator and Applicant prescribed under section 148-A?
Research Methodology
For the completion of the project the doctrinal method has been used where it will be concerned
with the documental research, as the library was the only source of information put to use.
Internet source also provided substantive information. Secondary sources of data have been
used where documents have gone through some interpretations and has been used further for
the study of research questions.

v
Nature & Scope of Caveat
Section 148-A, as inserted by the Amendment Act, 1976 is a salutary provision. It allows a
person to lodge a caveat in a suit or proceeding instituted or about to be instituted against him.
It reads as under: 6
(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, acknowledgment 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 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.
(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.
Any party affected by interim order can file caveat. (Nirmal Chandra v. Girindra Narayan7
(1978)). Person who are total stranger to proceeding cannot lodge caveat.
Section 148-A enacts that a caveat can be lodged in a suit or proceeding. Construing the
connotation in a narrow manner, some High Courts have taken the view that no caveat can be
filed in a first or second appeal or in execution proceedings. But, as observed in Ram Chandra
Aggarwal v. State of U.P.8, the expression "Civil Proceedings" in Section 141 of the Code
includes all proceedings which are not original proceedings. Thus, the provision relating to
caveat would be applicable to suits, appeals as well as other proceedings under the Code or
under other enactments.'
Again, 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.9

6
Takwani C.K., Civil Procedure, Sixth Edition, Eastern book company, p - 723
7
AIR 1978 cal 492
8
AIR 1966 SC 1888
9
Takwani C.K., Civil Procedure, Sixth Edition, Eastern book company, p – 724

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Objects of Caveat
The underlying object of a caveat is twofold:
1. To safeguard the interest of a person against an order that may be passed on an
application filed by 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, but
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;
2. It seeks 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 take appropriate legal proceedings to get rid of such order. Such a provision is
found in the Supreme Court Rules. The Law Commission, therefore, recommended
insertion of such a provision in the Code of Civil Procedure also. Accordingly, Section
148-A has been inserted by the Amendment Act of 1976.10
A caveat protects the caveator’s interest. The caveator is already ready to face the suit or
proceedings which are expected to be instituted by his opponent. Hence no ex-parte 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 house-site. 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 files any
application before the Court, so that he could give the answer to the claim of B.
Purpose of caveat: 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 Caveat?
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 instituted on an application which is expected to be made in a
suit or proceeding instituted or about to be instituted in a court. 11
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.

10
Id, pp – 723 to 724
11
http://www.lpi.nsw.gov.au/about_lpi/faqs/land_title/whats_a_caveat

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Generally, a caveat can be filed after the judgment is pronounced. In exceptional cases,
however, a caveat may be filed even before the pronouncement of the judgment. 12
When Caveat May Be Lodged?
Normally, a caveat may be lodged after the judgment is pronounced or order is passed. In
exceptional cases, however, a caveat may be filed even before pronouncement of judgment or
passing of order. 13
When Caveat Does Not Lie?
The provisions of Section 148-A of the Code can be attracted only in cases where the caveator
is entitled to be heard before any order is made on the application already filed or proposed to
be filed. The section cannot be construed to mean and provide that even in cases where the
Code does not contemplate notice, it can be claimed by lodging a caveat. Such a construction
would be inconsistent with the object underlying Section 148-A.
NOTICE
When a caveat is lodged, the court will serve a notice of an application on the caveator. The
section obliges the applicant who has been served with a caveat to furnish the caveator, at the
caveator's expense, a copy of the application along with copies of papers and documents
submitted by him in support of his application .14
Rights And Duties
Sub-sections (2), (3) and (4) of Section 148-A prescribe the rights and duties of the caveator
who lodges a caveat, of the applicant who in-tends to obtain an interim order and of the court.
(a) Of Caveator
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 or persons by whom an application against the caveator
for an interim order has been or is expected to be made. The provision is directory and not
mandatory. Where no notice could be served on account of uncertainty of the person likely to
institute a suit, appeal or other proceeding, the court may, at its discretion, dispense with the
service of notice of a caveat and permit a party to lodge a caveat without naming the party
respondent.15
(b) Of Applicant
Sub-section (4) of Section 148-A provides that it 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 documents on which he relies. This provision thus makes it obligatory

12
http://www.lawyersconveyancing.com.au/encyclopaedia/caveat/
13
ibid
14
Sarkar’s, Commentary on The Code of Civil Procedure 1908, 4th Edition, Volume 1, p - 1210
15
Sir Mulla D.F., The Code of Civil Procedure, 2011, 18 th Edition, Volume 1, p - 1369

viii
for the applicant to serve his application along with all copies and documents filed or intended
to be filed in support of his applications
(c) Of Court
Once a caveat had been lodged, under sub-section (3), it is the duty of the court to issue a notice
of that application on the caveator. 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. Although the expression "notice of application" has not been defined in the
Code, it would include the date of hearing. It must, therefore, be taken that it is the duty of the
court to give a sufficiently reasonable and definite time to the caveator to appear and to oppose
the application filed by the applicant. This duty of the court is in addition to the duty of the
applicant under sub-section (4) and non-compliance with it defeats the very object of
introducing Section 148-A and the breach thereof vitiates the order. Therefore, merely because
the caveator refuses to accept the copy of the application from the applicant, the court is not
absolved from serving the notice of the application to the caveator. 16
Vacating 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.17

Some Important Points:

- Caveat can be filed only to oppose the application and not to support.
- Notice upon the caveator filing the date of hearing of the application is a must. It is a
mandatory under the Section 148-A
- Section 148-A applies only to trial courts, but not appellate courts
- 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 the initial
stage by lodging a caveat anticipating such an execution.18

In Reserve Bank of India Employees Association v. RBI19 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.

16
Takwani C.K., Civil Procedure, Sixth Edition, Eastern book company, p - 726
17
Sir Mulla D.F., The Code of Civil Procedure, 2011, 18th Edition, Volume 1, p - 1369
18
Jain M.P., The Code of Civil Procedure, 2007, 3 rd Edition, Wadhwa and Company, p - 517
19
1966 SCR (1) 25

ix
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.

x
BIBLIOGRAPHY
PRIMARY SOURCES
Code of Civil Procedure, 1908
SECONDARY SOURCES
Books-
C.K. Takwani, Civil Procedure, Sixth Edition, Eastern book company.

Dr. Ashok K. Jain , Code of Civil Procedure, Ascent publications

Dr. T.P. Tripathi, The Code of Civil Procedure, 2nd Edition, 2008, Allahabad Law Agency.
M.P.Jain, The Code of Civil Procedure, 2007, 3rd Edition, Wadhwa and Company.
Sarkar’s, Commentary on The Code of Civil Procedure 1908, 4th Edition, Volume 1

Sir D.F. Mulla, The Code of Civil Procedure, 2011, 18th Edition, Volume 1

Web Sources-

www.accountsknowledgehub.blogspot.in

www.indiankanoon.com

www.lawyersconveyancing.com

www.lpi.nsw.gov.au

www.westlaw.com

www.indianlawpress.com

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