Caveat in CPC Section 148A Meaning and Procedure Explained
Caveat Under Section 148A CPC – Meaning, Procedure, and Purpose
Introduction
The term 'Caveat' is derived from the Latin expression meaning 'let him beware'. In legal parlance, a caveat is a formal notice lodged by a person to ensure that no adverse order is passed against him without being given an opportunity of hearing. The concept of caveat was incorporated into the Civil Procedure Code, 1908 by the amendment of 1976 through Section 148A.
Statutory Provision – Section 148A CPC
Section 148A of the Code of Civil Procedure, 1908 provides the statutory basis for filing a caveat. It empowers any person, anticipating an application in a suit or proceeding, to lodge a caveat. The provision ensures that before passing any interim order, the court shall serve notice of the application on the caveator. A caveat remains in force for ninety days from the date of filing.
Object and Purpose of Caveat
The primary purpose of a caveat is to avoid ex parte orders. It ensures that the principle of natural justice, 'audi alteram partem' (hear the other side), is followed. It protects the rights of the caveator by securing an opportunity to be heard before any interim relief is granted. Caveats also prevent multiplicity of proceedings and frivolous litigation.
Who Can File a Caveat?
Any person who claims a right to appear before the court on the hearing of an application may file a caveat. It is not necessary that such a person be a necessary party; even a proper party may file it. Examples include landlords, tenants, legal heirs, or opposite parties in matters involving injunctions.
Form and Contents of Caveat
A caveat must be in writing and should include the name, address, and description of the caveator. It must specify the nature of the application which is expected to be filed. It is also the duty of the caveator to serve a copy of the caveat on the applicant.
Rights of a Caveator
Once a caveat is lodged, the caveator acquires certain rights such as:
- Right to receive notice of the application.
- Right to obtain copies of the application and supporting documents.
- Right to be heard before any interim order is passed.
Duties of Caveator
The caveator has the following duties:
- To serve notice of the caveat on the applicant.
- To appear before the court on the scheduled date of hearing.
Effect of Lodging a Caveat
After a caveat is filed, the court is bound to serve notice to the caveator before passing any ex parte order. If the court passes an order without serving such notice, the order may be challenged. The caveat acts as a safeguard against abuse of judicial process.
Duration and Renewal
A caveat remains in force for 90 days from the date of filing. If the matter is not filed within this period, the caveat lapses. However, the caveator may renew it by filing a fresh caveat.
Limitations of Caveat
The scope of caveat is not unlimited. It is subject to the following limitations:
- Caveat cannot be filed in criminal proceedings.
- Caveat is not applicable in writ proceedings unless expressly permitted by High Court rules.
- A caveat does not create a substantive right but merely provides a procedural safeguard.
Practical Importance
Caveats are commonly filed in matters concerning injunctions, stay orders, succession disputes, property matters, and probate cases. They serve as an effective remedy to protect parties against sudden and adverse ex parte orders.
Conclusion
The concept of caveat under Section 148A CPC is an important procedural innovation aimed at ensuring fairness in judicial proceedings. It acts as a shield and not a sword. By preventing ex parte orders, it reinforces the principle of natural justice and ensures that no party is condemned unheard.
Examples
- A landlord anticipates that his tenant may file an application for an interim injunction to prevent eviction. To safeguard his right to be heard, the landlord files a caveat.
- Ram, anticipating that Shyam may move an application for stay in a property dispute, files a caveat mentioning his complete details, nature of expected application, and serves notice to Shyam.
- In a probate case, legal heirs may file caveats to ensure that no succession certificate or probate is granted without their being heard. This prevents wrongful grant of probate to one party in exclusion of others.
Thus, illustrations and practical cases show that caveat is a crucial preventive measure that protects parties from adverse ex parte orders and upholds fairness in civil litigation.
