A.

Introduction:

Section 148 (A) of Indian Civil Procedure Code, 1908 deals with
the law related to the caveat. A Caveat is a Latin term, which means, ‘let a
person beware’. In law, it can be explained as a notice or a precaution exercise
(generally in probate cases) that a certain matter not is heard, judgment not is
passed, order not is issued without hearing the person who has filed the caveat.
It can be made in an application already made or which is supposed
to be made in future.

B. Meaning Of Caveat:
The term caveat has not been defined in the Civil Procedure Code
(148 A: Right to lodge a caveat). It has been derived from the Latin word which
means “beware”. As per the dictionary meaning of Caveat, it is an entry made in
the book of the offices of a registry or a court to prevent a certain step being
taken without prior notice to the person entering the caveat. In the case of
Nirmal Chand v.Girindra Narayan, the court defined caveat as a warning given
by an individual to the court that no order or judgment shall be passed without
giving notice or without hearing the Caveator( who files the caveat).

C. Object and scope of the Section:

The purpose of this section is to protect the interest of the
Caveator, who is prepared to face a suit or proceeding that is expected to be
instituted by his opponent, he has the opportunity to hear, before an ex-parte
order is given. Also, to avoid a multiplicity of proceedings, so as to save the
costs and conveniences of the courts.
D. When to lodge a Caveat?
According to Section 148A, when people apprehend that some case
against them is filed or is about to be filed in any court of law in any manner,
they have a right to lodge a caveat. The Caveat may be lodged in the form of a
petition under the following circumstances:
1. During an ongoing suit or litigation and in that the application is already
been made or is expected to be made;
 2. The suit is about to be instituted and in that suit, an application is
expected to be made.
Thus, firstly it is always about an application in a suit of the
proceeding and secondly that suit or proceeding can be in the present which is
already instituted or it can be in the future where a suit is not instituted yet but
the same is expected. In all such situations the right to lodge a caveat arises.
E. Who may lodge a caveat?
Section 148A further provides that a caveat may be filed by any
person, whether a party to the suit or not, as long as the person filing the caveat
has the right to appear before the court in regard to the suit in question. Thus
caveat can be filed by a third party as well, if they in any manner are connected
to the suit in question. However, as it is already discussed that a caveat cannot
be lodged by a person who is a total stranger to the case and the same principle
was laid down in Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa
Umma. To conclude, this clause is substantive in nature and caveat may be filed
by any person claiming a right to appear before the Court.
F. Where can a caveat be lodged?
As and when the caveator anticipates some legal proceedings to be
filed against him in the near future, he can file a petition for a caveat in any
Civil Court of original jurisdiction, Appellate Court, High Court as well as
Supreme Court. Civil Courts include Courts of Small Causes, Tribunals,
Forums, and Commissions. However, in Deepak Khosla v. Union of India &
Ors, the court held that Section 148A of the code applies to civil proceedings
only and caveat cannot be made against petitions made under the Criminal
Procedure Code or petition made under Article 226 of the Constitution of India.
G.Limitation of time
As provided by the section in clause 5, the caveat stays in force for
a period of 90 days. If within these 90 days an application is filed, then the
court, as well as the applicant, has to give notice to the caveator. However, if no
caveat is filed within these 90 days, then no one has the duty to inform the
caveator, i.e. if the application is filed after the expiration of such period the
caveat stands null and void. If the caveator still wants to be informed then a
fresh caveat needs to be lodged for the next 90 days.
H.What happens if that Caveat is filed and the Court and the
applicant don’t give notice to the Caveator:
 This cannot be done, as the court is bound by the caveat. But if it
happens then whatever decree or order is passed becomes null and void.
I. Conclusion
Section 148A, give any person who has a fear or nervousness that
some or the other case against him or her are going to be filled in a court of law
in any manner, the power to lodge a caveat in the court. A caveat may be lodged
in any civil suit including tribunals and forums in the form of a petition. If an
application, that the caveator had anticipated is made within 90 days of filing
the caveat, then a notice is to be served by the applicant as well as the court to
the caveator, informing him about the filing of such an application. Any
judgment or order passed without giving such notice or without giving a
reasonable opportunity to the caveator to be heard, would be considered void
and null.
 (Application of caveat)

CAVEAT

IN THE HIGH COURT OF DELHI AT NEW DELHI

Original /Appellate Civil Jurisdiction

Caveat No.____________ of 2002

In the matter of a suit/ appeal/ proceeding instituted (give the particulars) or

expected to be instituted, by

_______________________________________________ Petitioner
(s)/Appellant(s) 

Versus 

              _____________________________________________________
Respondent (s) 

To 

The Registrar 

Delhi High Court 

New Delhi 

Let no order (here state in detail the precise nature of the order
(apprehended)
_____________________________________________________  be made
in the above matter without notice to the undersigned. 

Name & address of the 

Caveator and his counsel, if any,

File on __________________________