CAVEAT – CODE OF CIVIL PROCEDURE

By | September 7, 2016

The term caveat has not been defined in the code. It is derived from Latin which means Beware. According to its dictionary meaning a caveat is an official request that a court should not take a particular action without issuing a notice to the party lodging the caveat and without affording an opportunity of hearing it.

In other words, a caveat is a caution or warning given by a party to the court not to take any action or grant any relief to the applicant without notice or intimation being given to the party lodging caveat and interested in appearing and objecting to such relief.

The person filing or lodging a caveat is called “Caveator”.

Section 148-A of the code of civil procedure provides for lodging of a caveat. This section applies only to trial courts, but not appellate courts.

Thus, a person who is the stranger to the proceeding cannot lodge a caveat. (Kattil vs Mannil).

The provision of section 148-A of the code can be attracted only in cases where the caveator is entitled to be heard before any order is made on the application already filed or proposed to be filed.

A caveat protects the caveator’s interest. The caveator is already ready to face the suit or proceeding which is expected to be instituted by the opponent. Hence no exparte order shall be passed against the caveator. The caveat avoids multiplicity of proceedings. Thus it saves the expenses costs and convinces of the courts.

The caveat will remain in force for 90 days from the date of filing.

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