1. Meaning of Caveat
The word “caveat” is derived from Latin, meaning “let him beware”. In legal terms, a caveat is a formal notice filed by a person to the court stating that no order should be passed in a proceeding without first giving notice to the caveator.
Introduced by the Amendment Act of 1976, Section 148A CPC enables a party to protect its interest by preventing ex parte orders.
2. Legal Provision: Section 148A CPC
“Where an application is expected to be made, or has been made, in a suit or proceeding instituted or about to be instituted, a person claiming a right to appear before the court may lodge a caveat.”
This ensures that the caveator is heard before any interim relief is granted in favour of the applicant.
3. Who May File a Caveat?
Any person who:
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Claims a right to be heard in a suit or proceeding, and
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Anticipates that the opposite party may seek an interim order
The person need not be a party to the suit yet, but must show that his rights or interests are likely to be affected.
4. Object of Filing a Caveat
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To prevent ex parte orders
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To ensure the right to be heard
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To protect the caveator’s interest from adverse temporary reliefs
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To inform the court in advance about a potential objection or opposition
5. Procedure for Filing a Caveat
| Step | Details |
|---|---|
| Where to file | In the court where the application is expected to be filed |
| Content of caveat | Name of parties, expected application, caveator’s interest |
| Notice to be served | Caveator must serve notice of the caveat to the applicant (Section 148A(2)) |
| Court’s duty | If application is filed later, court must serve notice to the caveator before passing any interim order (Section 148A(3)) |
6. Time Limit of Caveat
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A caveat remains in force for 90 days from the date of filing.
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If no application is filed within this period, the caveat lapses.
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It may be renewed by filing a fresh caveat.
7. Consequences of Not Notifying Caveator
If the court passes an ex parte interim order without giving notice to the caveator (after a valid caveat is filed):
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The order may be challenged and possibly set aside
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It reflects procedural unfairness
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The court may exercise discretion to recall the order
8. Important Case Law
Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma (1996)
Held that the court must serve notice to the caveator if a caveat is filed in accordance with Section 148A, and failure to do so can invalidate any ex parte order.
Deepak Khosla v. Union of India (2011)
Clarified that only persons with legitimate apprehension of being affected by an order can file a caveat.
9. Difference Between Caveat and Stay
| Basis | Caveat (Section 148A) | Stay Order |
|---|---|---|
| Nature | Preventive notice | Temporary court order halting legal action |
| Purpose | To ensure the caveator is heard | To temporarily suspend proceedings or orders |
| Who files | Likely affected party | Any party seeking protection |
| Effect | Court cannot pass ex parte order | Proceedings or effects are paused |