Caveat is a requesting note given to the court in order to get informed about a case, any other party can file caveat on any proceeding so that the court does not give any relief to the opposite party without giving notice and not to take any action for the same. This is a kind of precaution taken by one of the parties. caveat is filed under section 148A of Code of Civil Procedure and the person filing the caveat is said to be Caveator.
Whenever a case is filed, the concerned parties are given notice by the court informing about the case and other details. This is used when, there can be action against them in a further proceeding, it’s time duration is 90 days, the day next 89 days, the petition remains in action in the court proceeding. As per Section 148A (5) of the code of civil procedure 1908 : ‘Where a caveat has been lodged under sub-section (1), such a caveat shall not remain in force after the expiry of 90 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.’ If any other party is about to file a case or filing a case against you then you are been informed by a notice. Within the caveat period of 90 days. If once caveat petition is ended, then again one has to file the petition, have to tell the name of the opposite suspected party in order to file a case. Section 148A talks about caveat lodging and its advantages.
- When other party is about to file a case in court, then the caveat petition is filed in the same court to get informed about the activity opposite party is doing.
- Any person claiming a right before the court can file a caveat petition where application has already been made in a suit or proceeding which is about to start to be made, there caveat can be filed
- After submission of caveat, it becomes a duty of the court to inform the caveator or person against whom case has been filed
Normally, in caveat, the mandatory things to be mentioned are:
- Name of the court where case has been filed / can be filed
- The case number, if available
- Name of the person on whose behalf caveat is to filed
- All the details of the case that is to be filed
- Name of the suspected person who can file the case
- Full and proper address of the caveator to get informed by the notice sent through the court
Central government filed a caveat petition in the supreme court to be heard before the order in rights distribution case. As per Section 148A of the civil procedure code, 1908:
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, 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. Also, a caveat can be filed in a principle civil court of original jurisdiction, an appellant court, the high courts and the Supreme Court. It includes the court of small causes and all courts which have powers of civil court including tribunals, forums and commissions which are vested with the power of such a court.
There can be various reasons to file a caveat. A caveat is filed when the caveator anticipates some legal proceedings filed against him by another party , in the near future.
The multiple reasons of filing a caveat, can be :
- To clarify the caveator’s address
- To place on record his intention to participate in the proceedings
- To prevent any ad interim order or injunction being passed without his appearance to defend his case (also known as an ex parte order)
