Caveat Petition

Introduction

A caveat petition is a precautionary measure undertaken by an individual anticipating that another individual
may file an application in a suit or proceeding instituted or about to be instituted against him/her in the court.
It is a formal notice through which a person receives intimation before any legal actions are taken against
him/her. A ‘Caveat’ is a Latin phrase that generally means ‘let a person beware’.

The person filing the caveat petition is known as the caveator. A caveat petition is filed by the caveator,
asking the court to intimate him/her if another person files any application in a suit or proceeding against the
caveator. In the caveat petition, the caveator claims his right to appear before the court on hearing the
application filed against him.

After filing the caveat, if the opposite party files an application in a suit or proceeding, the court has to
compulsorily serve the notice of the application filed to the caveator. The court will send notice of the
application to the caveator and the caveat petition to the applicant. The applicant will have to serve a copy
of the application along with the documents filed before the court to the caveator.

The caveat petition will be valid for only 90 days. The caveat petition will not be in force after 90 days.
Thus, if the applicant files an application before the court after 90 days of filing a caveat petition, the court
need not inform the caveator of the application.

The caveat petition should contain the following details:

● Name of the court before which the caveat is filed

● The suit or petition or appeal number, if existing
● Brief details of the application likely to be filed by the applicant in a suit or proceeding
● Name of the caveator
● Names of possible applicants
● Address of the caveator for service of the notice when an application is filed against him/her
● Address of the opposite party/applicant where notice of the caveat is to sent by RPAD

❖ Nirmal Chandra v. Girindra Narayan

It is a precautionary measure taken against the grant of probate or letters of administration, as the
case may be, by the person lodging the caveat.

Meaning

Section 148-A, as inserted by the Amendment Act, 1976 is a salutary provision. It allows a person to lodge a
caveat in a suit or proceeding instituted or about to be instituted against him.

Section 148-A of the Code of Civil Procedure provides for lodging of a caveat.

● The person who files a caveat is known as "caveator". Through caveat, the caveator claims his right
to appear before the Court on hearing of an application made or likely to be made in a suit instituted
or about to be instituted. The person by whom such application has been made or expected to be
made is called "caveatee".
 ● After filing of caveat, the caveator shall serve a notice of caveat to the caveatee by registered post
acknowledgement due. If the caveatee files any application in any suit or proceeding after lodging of
caveat, the Court shall serve a notice of the application on the caveator. The caveatee shall forthwith
supply a copy of the application to the caveator along with all documents enclosed therewith.

● The caveat remains in force up to ninety days from the date on which it was lodged unless the
caveatee makes the application before the expiry of the said period.

Object

1. To safeguard the interest of the caveator:

If the Court passes an order on the application made by the caveatee without hearing the caveator,
the interest of the caveator may be adversely affected by such order. This section affords an
opportunity to the caveator of hearing. In this manner, the provision protects the interest of the
caveator and minimizes the possibility of an ex parte order.

2. To avoid multiplicity of proceedings:

This section is meant to avoid the multiplicity of the proceedings. In the absence of this section, there
would have been no opportunity for the caveator of hearing about the application of the caveatee. If
the order passed prejudicially affected him, he had only one remedy i.e., the institution of appropriate
proceedings to get rid of such order. Thus, there would have been a multiplicity of proceedings. This
section avoids such a situation. It allows the party to file a caveat and claim his right of hearing on
the application made or likely to be made in a suit or proceeding before any order is passed by the
Court.

Scope

Section 148-A enacts that a caveat can be lodged in a suit or proceeding. Construing the connotation in a
narrow manner, some High Courts have taken the view that no caveat can be filed in a first or second appeal
or in execution proceedings.
But, as observed in Ram Chandra Aggarwal v. State of U.P., the expression "Civil Proceedings" in
Section 141 of the Code includes all proceedings which are not original proceedings. Thus, the provision
relating to caveat would be applicable to suits, appeals as well as other proceedings under the Code or under
other enactments.

Who may lodge a caveat :

Any person who claims a right to hearing on an application filed or expected to be filed is competent to
lodge a caveat. To become entitled to file caveat, it is not necessary that the person is a party to the suit. It is
sufficient if the rights of a person are likely to be adversely affected by an order that may be passed by the
Court on an application filed or expected to be filed in a suit.

Who cannot file a caveat :

A person, who is neither a party to suit nor his rights are likely to be affected by an order to be passed by the
Court, is not entitled to file a caveat In other words, a caveat cannot be filed by a stranger. Similarly, a
person supporting the application filed by the applicant cannot lodge a caveat.
Right and duties

When a caveat is filed, it gives certain rights and duties to the caveator, applicant as well as the court.

● Rights and duties of the caveator

Under sub-section (2) of Section 148-A, once a party is admitted to the status of a caveator, he is clothed
with certain rights and duties.

It is his duty to serve a notice of the caveat lodged by him by registered post on the person or persons by
whom an application against the caveator for an interim order has been or is expected to be made.

The provision is a directory and not mandatory. Where no notice could be served on account of the
uncertainty of the person likely to institute a suit, appeal or other proceedings, the court may, at its
discretion, dispense with the service of notice of a caveat and permit a party to lodge a caveat without
naming the party respondent.

● Rights and duties of court

The duty of the court arises, once the caveat is lodged and notice is served upon the applicant.

Clause (3) of the Section provides that after a caveat has been lodged and thereafter any application is filed
in any suit or proceeding, the court has to serve a notice to the caveator. This means that once the caveator
has filed the caveat saying I want to be represented and after that, an actual application has been filed within
the next 90 days, in that case, the court will serve a notice to the caveator, informing him that the application
that was expected by him has been filed and the caveator thereby has the right to be heard before the court.

● Rights and duties of the applicant

In addition to the court giving notice, the applicant is also required to serve a notice to the caveator,
informing that an application in regard to the caveat filed has been made. Clause (4) of the section, directs
the applicant to provide a copy of the application made by him along with any other document or paper that
may have been fled by him in support of his application to the caveator. The Court will not move forward
with the application unless an affidavit is submitted by the applicant that a notice has been served to the
caveator.
Hearing Of Caveator

❖ Nirmal Chandra v. Girindra Narayan

The intention of the Legislature in enacting the provision of caveat is to enable the caveator to be
heard before any orders are passed and no orders are passed by the court ex parte.

❖ Mahadev Govind Gharge v. Land Acquisition Officer

Such a hearing is mandatory.

It is, there fore, clear that once a caveat is filed, it is a condition precedent for passing an interim order to
serve a notice of the application on the caveator who is going to be affected by the interim order.30 Unless
that condition prec edent is satisfied, it is not permissible for the court to pass an interim order affecting the
caveator, as otherwise it will defeat the very object of Section 148-A.