caveat

 

CAVEAT – SECTION 148 A CPC

The word caveat has been derived from Latin which means ‘beware’. Caveat is a caution or a warning given by a party to the court not to take any action or grant any relief to the applicant without notice being issued to the party lodging the caveat. It is very common in testamentary proceedings. Sec.148-A provides for lodging of a caveat. It provides that where an application is expected to be made or has been made, on 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.

The person lodging a caveat {caveator} must serve a notice of the caveat by a registered post, acknowledgement due etc. on the person by whom the application is to be made. Where after caveat has been lodged any application is filed in a suit or proceeding , the court must serve a notice of the application on the caveator. Also the applicant must furnish the caveator (at the caveator’s expense) a copy of the application and other documents.

The object underlying the provision is twofold: firstly to safe guard 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; secondly: to avoid multiplicity of proceedings. In the absence of such 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.

A caveat remains in force for 90 days from the date of filing, unless another application is made before the expiry of that period.