Caveat Petition

Section 148(A) of the CPC (Civil Procedure Code), 1908

The Section discusses in brief about the caveat petition. It is a precautionary measure that is undertaken by people commonly when they have an extreme apprehension that a case is going to be filed in the Court concerning their interest in any way.

The word ‘Caveat’ is not specified in the Code. However, in one of the cases, the Court had defined “Caveat”, wherein it said, A Caveat is a warning or a caution given by an individual to the Court not to take any action or grant relief to the other party without giving prior notice to the Caveator and without affording a chance of hearing him.

Section 148A of the CPC reads as under,

148A. Right to lodge a caveat.

1. Where an application is made or is expected to be made, in a proceedings or a suit instituted, or about to be instituted, in a Court, any individual claiming a right to appear in the Court at the hearing of application mentioned above may lodge a caveat in respect thereof.
2. Where a caveat is lodged under sub-sec (1), the individual by whom the Caveat has been lodged (Caveator) shall serve a notice of Caveat by registered post, acknowledgement due, on the individual by whom an application is expected to be, made, under sub-sec (1).
3. Where, after a caveat is lodged under sub-sec (1), any application is filed in any proceeding or suit, the Court, must serve a notice of the application on Caveator.
4. Where a notice of any caveat is served or has been served on the applicant, he must immediately furnish the Caveator at the Caveator’s cost, with a copy of the application made by him as well as with copies of any documents or paper which has been filed by him to support the application.
5. Where a caveat is lodged under sub-sec (1), such Caveat must not remain in force post the expiry of 90 days since the date it was lodged unless the application referred to in sub-sec (1) is made before the said period is expired.

There are five essential ingredients to the Section, which are discussed in brief,

1. Who may lodge a Caveat? (Clause 1)

Any individual claiming a right to appear in the Court,

• Where the application is expected to be made
• Where the application has been made already
• In the suit or proceeding instituted
• In the suit or proceeding which is about to be instituted
• May lodge a caveat thereof. It is substantive.

2. Duties of the Caveator (Clause 2)

This clause is more directive in nature. The individual who lodge the Caveat is called a Caveator. He must,

• Serve notice of the Caveat by registered post, acknowledgement due
• On the individual who has made the application
• On the individual who is expected to make the application ted

3. Duty of the Court (Clause 3)

After a Caveat is lodged under Clause 1, if an application is filed in any proceeding or suit, the Court must serve a notice of the application on the Caveator. It is mandatory.

4. Duties of the Applicant (Clause 4)

It is directive in nature as well and states that, where a notice of any Caveat has been served on the applicant, he must furnish, at the cost of the Caveator,

• Copy of the application made by him.
• Copies of any document or paper which has been filed by him in support of his application
• Copies of any document or paper which may be filed by Caveator in support of his application

5. Life of a Caveat Petition (Clause 5)

The life of the Caveat petition is 90 days, from the date on which it was lodged. The exception is, if the application already exists, or it has been made before the said period, the clause terminates to exist.

The above five ingredients are necessary to a Caveat petition all the above are to be followed austerely.