Chapter I

Introduction:
Caveat application in the Indian court means that you are requesting any court that if in case a
specified person or organisation files a case in the court in which you are having some valid
interest -- than no order should be passed by that Hon'ble court without giving you a notice about
that case being filed and also without listening your side in that matter.
Caveat petition is a precautionary measure which is undertaken by people usually when they are
having very strong apprehension that some case is going to be filed in the court regarding their
interest in any manner.
The caveat petition remains in force only for 90 days and if during that duration no case gets
filed from the opposite side than -- you have to again file a fresh caveat petition as new in the
court.
you have to clearly specify the name of the opposite party-- whom you apprehend to file a case
against you.

Chapter II
CAVEAT
Caveat: A Caveat is an entry made in the books of the offices of a register or court to prevent a
certain step being taken without previous notice to the person entering the caveat. In other words,
a caveat is a caution or warning giving notice to the court not to take any step without notice
being given to the party lodging the care at. It is very common in testamentary proceedings. It is
a precautionary measure taken against the greater of probate or letters of administration, as the
case may be, by the person lodging the caveat. Section 148-A of the code of civil procedure
provides for lodging of a caveat. In the case of Nirmal Chand v Girindra Narayan
1
, as given by
the Honble Court A caveat is a caution or warning given by a person to the court not to take
any action or grant relief to the other side without giving notice to the caveator and without
affording opportunity of hearing him.

SCOPE:- Any party affected by interim order can file caveat. (Nirmal Chandra v. Girindra
Narayan (1978)) Person who is total stranger to proceeding cannot lodge caveat. (Rattil Parkkum
v. Mannil Paadikayil)

NATURE:- Section 148 A Civil Procedure Code Sub-Section (1) Substantive Statutory right to
lodge caveat in civil proceedings (2) Directive in nature To serve a notice of caveat to applicant
(3) Mandatory Costs obligation on court to serve notice (4) Directive To furnish a copy of an
application and documents
Object: A caveat protects the caveators interest. The caveator is already ready to face the suit
or proceedings which is expected to be instituted by his opponent. Hence no ex-parte order shall
be passed against the caveator. The caveat avoids multiplicity of proceedings. Thus it saves the
expenses costs and conveniences of the Courts.
Examples: A is owner of a house-site. He wants to construct a building He got the permission
from the Municipality. A started construction. Meanwhile, B the neighbourer claimed some of
the land of A and objected the construction, on the pretext of some bias, immediately on the day
of threatening itself. A filed a caveat against B in the competent civil court praying the Court to

1
AIR 1978 Cal 492
give him a notice before passing any interim order or relief in case if B files any application
before the Court, so that he could give the answer to the claim of B.

PURPOSE A caveat may be lodged with a view to opposing an application and not for the
purpose of supporting an application that has been filed or is expected to be filed by a party in a
suit or proceeding. In fact, caveat is a shield by using which Person can prevent ex-parte order

Form: No form is prescribed for the caveat. The caveator may file a caveat in the form an
application or petition before the court submitting the cause of action giving the name and
description of the opponent. The copy of the application shall be sent to the opponent party in
advance by Registered post Acknowledgement due, before filing it in the court.

Chapter III

WHO MAY LODGE CAVEAT?

Any person claiming right to be appear before court on hearing of an application, when such
application is expected to be made/has been made is suit/proceedings /instituted/expected to be
instituted in court, may lodge a caveat in that respect.

Right of the Caveator:

A caveat protects the interests of caveator. The court must give a notice to the caveator or to his
advocates. If the opponent party files proceedings/application for the interim order. The court
shall not give any ex parte interim order to the opponent party without hearing the caveator.

LAND MARK JUDGEMENTS
Siddalingappa G.C. v. G.C. Veerana
2
, If a party has a right to file the caveat and order is passed
without hearing him, then such an order passed becomes bad at law and thus is unenforceable.
Reserve Bank of India Employees Association v. RBI
3
without serving them a notice and
without hearing them. The ex parte interim order was held to be bad by the Supreme Court
St of Karnataka v. Nil Employees' Asso. v. RBI (1995) When there is uncertainty as to who is
likely to file app., court may allow caveat without naming applicant & serving notice . (1981)
court must notify caveator when any order is passed but in case interim order is passed without
notifying, then such order is not without jurisdiction
VACVATING AND WITHDRAWL OF CAVEAT
Vacating Caveat Petition is not clear, so once it will be registered then it will be in force for a
period 90 days . Withdrawal of Caveat Petition is also in same position.

2
1981 (2) KLJ 323
3
1966 SCR (1) 25
Important Points:
1. Caveat can be filed only to oppose the application and not to support.
2. Notice upon the caveator filing the date of hearing of the application is a must. It is a
mandatory under the Section 148-A
3. Section 148-A applies only to trial courts, but not appellate courts
4. In the execution of the decree 21, Orders 22 and 37 enact for the issue of a notice to the
judgments debtor, under some given circumstances. This gives the meaning that in cases
not covered by such provisions, notice of execution is not necessary. Therefore, the
judgment debtor is not entitled to a notice of an execution of a decree at the initial stage by
lodging a caveat anticipating such an execution.
5. In Reserve Bank of India Employees Association Vs RBI the plaintiffs filed a caveat before
the court. The court before expiry of 90 days, issued an interim ex parte order against the
plaintiffs without serving them a notice and without hearing them. The ex parte interim
order was held to be bad by the Supreme Court.

POINTS FOR CONSIDERATIONS
1. Section 148A, it does not give a right to the party to file a caveat in all the execution cases.
2. As per sub-section (3) of Section 148-A of the code the Court is bound to serve a notice of the
application, on caveator, before passing an interim order thereof. No procedure provided as in
sub section (2).
3. As per sub section (2) notice shall be served but no stage is mention such as prior to filing the
caveat or at the time of filing in the code.
4. If order has been passed without notice to the caveator it would be only unenforceable.
5. Vacating Caveat Petition is not clear
6. If the judgment-debtor is able to show that he has got a right to appear before the Court, then
only he/she can lodge caveat.
7. No form is prescribed for the caveat CPC
8. As section 148A provides a substantive right to lodge the caveat.
9. Sub-section (2) of Section 148-A provides procedure to access that right should not be taken
away by non compliance of such provision.
Chapter IV

CONCLUSION
No doubt the said parameters by interpretative process can be stretched in order to effectively
carry out the legislative intent but while doing so, the essential contents of the statutory
provisions and its very workability cannot be put to a stake thereby nullifying the right of the
applicant to the proceedings and virtually creating an impossibility for the Courts to comply with
the legislative mandate contained under sub-section (3) of Section 148-A of the Code.