No court can make a decision or issue an order against a caveator without first hearing his side of the story. Now learn more about it
Introduction
Caveat under the Civil Procedure Code (CPC) is an essential legal provision in India. It acts as a preventive measure to ensure that no ex parte order is passed without giving notice to the concerned party.
This article provides an overview of caveats, their meaning, when to lodge them, who can lodge them, where to lodge them, how to file them, and the rights and duties associated with caveats.
Meaning of Caveat
A caveat is a legal notice filed under Section 148 of the CPC to inform the court that the caveator has an interest in a specific case and requests that no order be passed without hearing them.
When to Lodge a Caveat?
A caveat should be lodged when a person anticipates that an application or suit may be filed against them and wants to ensure that they are given an opportunity to be heard before any order is passed.
Who may Lodge a Caveat?
Any person having a genuine interest in a case can lodge a caveat under the CPC to safeguard their rights. This includes potential defendants or anyone who believes that their interests may be affected by a legal proceeding.
Where can a Caveat be lodged?
A caveat can be lodged in the court where the caveator apprehends that a case might be filed. It is important to lodge the caveat in the appropriate court to ensure effective protection of rights under the CPC.
A caveat under CPC, for a civil proceeding can be lodged before the –
- Civil Court of Original Jurisdiction and Appellate Court
- High Court as well as Supreme Court
Note – Civil Courts include Courts of Small Causes, Tribunals, Forums, and Commissions.
How to File a Caveat?
To file a caveat under Section 148 of the CPC, the caveator needs to prepare a caveat application with relevant details such as the court’s name, nature of the case, names of the parties involved, and the caveator’s contact information.
This signed caveat application should be accompanied by a Vakalatnamma and Affidavit.
Note – A caveat is always submitted with a copy, postal evidence, and an application indicating to the court that a copy of the caveat has already been sent to all parties and that the court does not need to do the same.
Although the court expenses for filing a caveat vary depending on the court, it is usually less than INR 100. For the most part, the rules and format of the caveat are the same.
What does a Caveat Contain?
A caveat under CPC typically contains the following information:
- Name and contact details of the caveator.
- Nature of the case and the court’s name.
- Names of the parties involved or likely to be involved.
- Brief details explaining the caveator’s interest in the case
Right and Duties
Caveats application creates certain rights and duties for all parties involved. Understanding these rights and duties is crucial for effectively navigating the caveat process under the CPC.
Rights and Duties of the Caveator
The caveator has the right to be heard before any order is passed in the case. The caveator in turn, has the duty to serve notice registered post, on the applicant who is going to file this application or who has already filed an application. The caveator also has a duty to inform the court and the applicant about any changes in their address or contact information.
Rights and Duties of Court
The court has a duty to issue notice to the caveator when an application or suit is filed, ensuring that the caveator has an opportunity to present their case. The court also has the right to dismiss the caveat under the CPC if it is found to be frivolous or lacking merit.
Rights and Duties of the Applicant
The applicant has a duty to serve a copy of the application to the caveator and inform the court about the filing. This is because the court will not entertain the applicant unless proof is furnished that the cavetor has been informed.
Common Mistakes made while filing a Caveat
Some common mistakes made while filing caveats under the CPC include:
- Filing a caveat in the wrong court.
- Failure to update contact information or give notice.
- Vague or incomplete details in the caveat application.
- Not monitoring the case’s progress or attending court hearings.
- Failure to respond to caveat removal applications.
Applicability of a Caveat
As the Court concluded in the case of Deepak Khosla v. Union of India & Ors, Section 148A of the CPC only applies to civil processes; it does not apply to criminal proceedings or petitions filed under Article 226 of the Indian Constitution.
Duration for Filing a Caveat
According to Section 148-A(5), a cautionwill be in effect for 90 days after it is filed, during which time the court and the Caveatee must notify the caveator. If the caveator wants to be alerted before the court takes any action after the 90-day period has passed, the caveator must file a new caveat during the 90-day term while the previous caution is still active.
Effect of Filing a Caveat
After the caution has been duly lodged and a notice of the same has been served on the applicant who has already commenced or is expected to initiate proceedings against the caveator, the court has the responsibility to notify the caveator. It’s important to remember that if the court or the applicant fails to notify the caveator who filing a caveat, the decision or decree issued without notice is null and void.
Caveat Petition v. Legal Notice
- A legal notice is not the same as a caveat petition. A caveat petition is a preventative measure taken by a person in anticipation of a lawsuit being filed against him, whereas a legal notice is a warning to the opposing party from someone who is intending to sue them
- When the caveator expects the opposing party to submit an application in any litigation or proceeding against him or her, he or she files a caution petition. When an individual has a grievance and plans to initiate legal action against the other party, a legal notice is sent
- A caveat petition provides the details of the expected application that will be filed against the caveator in a suit or proceeding that has already been started or is about to start. A legal notice contains claims and facts about the issues that the person issuing the notice is facing and requests redress from the other party
- When an application is filed against a caution or, the court will serve the caveator with a notice of the application. The applicant/opposite party will also be served with the caveat petition by the court. A legal notice is delivered to the opposite party by the person who issued it by registered mail
- The caveat petition is only effective for 90 days after it is filed. The caveator has a right to be informed, and if the application is filed within 90 days of the caution, the caveator can request a hearing. A legal notice will state the time frame in which the other party must reimburse or address the person who is giving the notice. If the other party does not respond to the grievance within the time frame specified in the notification, legal action can be taken against them, and a lawsuit can be filed.
Caveat Petition Highlights
- The court is unable to make any decision without first telling the caveator.
- It protects the caveator’s right to be heard in a court of law.
- A caveator petition has a three-month limitation period (90 days).
- If a civil petition has been filed against the caveator connected to the matter stated in the petition, the court must notify him.
- Without information, any order or judgement issued by the court against the cautionor will be unenforceable.
- Under Article 226 of the Indian constitution, a caveat petition cannot be brought against criminal proceedings for a writ petition. If you have any doubts it is best ot reach out to our experts at Vakilsearch
FAQs
What is Section 148 of the CPC Bare act?
Section 148 of the CPC Bare act deals with caveats and provides provisions for lodging a caveat under the CPC to ensure that no ex parte order is passed without hearing the caveator.
What is the procedure for caveat?
The procedure for lodging a caveat under the CPC involves preparing a caveat application, submitting it to the appropriate court after serving notice to the prospective applicant.
In which court caveat can be filed?
A caveat for a civil proceeding can be lodged before the - Civil Court of Original Jurisdiction and Appellate Court High Court as well as Supreme Court Note - Civil Courts include Courts of Small Causes, Tribunals, Forums, and Commissions.
What happens if caveat is filed?
If a caveat is filed under the CPC, the court is required to issue notice to the caveator when an application or suit is filed. This ensures that the caveator has an opportunity to present their case before any order is passed.
What is Section 148 and 151 of the CPC?
Section 148 of the CPC deals with caveats, while Section 151 empowers the court to make orders to secure the ends of justice or to prevent the abuse of the court's process.
What is caveat application under section 148A of CPC?
Section 148A of the CPC introduced the concept of caveat applications in specific situations, even allowing a person to lodge a caveat even if no proceeding is pending in a court.
