CIVIL PROCEDURE

CODE

TOPIC: Caveat

ACKNOWLEDGEMENT
I would like to express my heart full gratitude towards my teacher Ms.
Karan for helping me throughout the making of this project and
encouraging me to gather crucial information regarding this project.
I would also like to thank this prestigious institution U.I.L.S. for giving me
an opportunity to hone my writing skills and practical knowledge related to
this subject.

CONTENTS

1.
2.
3.
4.
5.
6.
7.
8.
9.

Introduction
Nature & Scope
Object
Form
Who may lodge Caveat
When Caveat may be lodged
When Caveat does not lie
Notice
Rights and Duties
a. Of Caveator
b. Of Applicant
c. Of Court
10. Failure to hear Caveator: Effect
11.Time Limit
12.Landmark Judgments
13.Vacating and with drawl of caveat
14.Conclusion

ABBREVIATIONS
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1.
2.
3.
4.
5.
6.

S.C.
V
&
u/s
CPC
St.

Supreme Court
Versus
- And
Under section
Civil procedure code
State

INTRODUCTION
Meaning of the term "caveat" has not been defined in the Code. The word
(caveat) has been derived from Latin which means "beware". According to the
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dictionary meaning,' "a caveat is an entry made in the books of the offices of
a registry 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 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 the
caveat1 and interested in appearing and objecting to such relief. It is very
common in testamentary proceedings. 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.' The person filing or lodging a caveat is called
"caveator". Section 148-A of the Code of Civil Procedure provides for lodging
of a caveat2.
Caveat application in the Indian court means that you are requesting any court
that if in case a specified person or organization 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.3
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 one has to again file a fresh caveat
petition as new in the court.4
One has to clearly specify the name of the opposite party whom one
apprehends to file a case against.
In the case of Nirmal Chand v Girindra Narayan5 , as given by the Honble
Court A caveat is a caution or warning given by a person to the court not to
1 http://www.slideshare.net/shakuntla1/caveat-31607086
2 Takwani C.K., Civil Procedure, Sixth Edition, Eastern book company, p - 722
3 http://accountsknowledgehub.blogspot.in/2012/04/what-is-caveat.html
4 Dr. Jain Ashok K., Code of Civil Procedure, Ascent publications, p - 97
5 AIR 1978 cal 492
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take any action or grant relief to the other side without giving notice to the
caveator and without affording opportunity of hearing him.

NATURE & SCOPE

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. It reads as under:6
(1) Where an application is expected to be made, or has been made, in a suit or
proceeding instituted, or about to be instituted, in a court, any person claiming a
right to appear before the court on the hearing of such application may lodge a
caveat in respect thereof.
(2) Where a caveat has been lodged under sub-section (1), the person by whom
the caveat has been lodged (hereinafter referred to as the caveator) shall serve a
notice of the caveat by registered post, acknowledgment due, on the person by
whom the application has been, or is expected to be made, under sub-section
(1).
(3) Where, after a caveat has been lodged under sub-section (1), any application
is filed in any suit or proceeding, the court shall serve a notice of the application
on the caveator.
(4) Where a notice of any caveat has been served on the applicant, he shall
forthwith furnish the caveator, at the caveator's expense, with a copy of the
application made by him and also with copies of any paper or document which
has been, or may be, filed by him in support of the application.
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not
remain in force after the expiry of ninety days from the date on which it was
lodged unless the application referred to in sub-section (1) has been made
before the expiry of the said period.
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)
6 Takwani C.K., Civil Procedure, Sixth Edition, Eastern book company, p - 723
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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.7,
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.'
Again, it is no doubt true that no order should be passed against the caveator
unless he is heard, but if the caveator is not present at the time of hearing of the
application and the court finds that there is a prima facie case in favour of the
applicant, ad interim relief can be granted by the court in his favour. Interim
order passed without giving notice to the caveator is not without jurisdiction and
is operative till it is set aside in appropriate proceedings.8

OBJECT
The underlying object of a caveat is twofold:
1. To safeguard the interest of a person against an order that may be passed
on an application filed by a party in a suit or proceeding instituted or
about to be instituted. Such a person lodging a caveat may not be a
necessary party to such an application, but he may be affected by an order
that may be passed on such application. This section affords an
opportunity to such party of being heard before an ex parte order is made;
2. It seeks to avoid multiplicity of proceedings. In the absence of such a
provision, a person who is not a party to such an application and is
adversely affected by the order has to take appropriate legal proceedings
to get rid of such order. Such a provision is found in the Supreme Court
Rules. The Law Commission, therefore, recommended insertion of such a
provision in the Code of Civil Procedure also. Accordingly, Section 148A has been inserted by the Amendment Act of 1976.9

7 AIR 1966 SC 1888

8 Takwani C.K., Civil Procedure, Sixth Edition, Eastern book company, p - 724
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A caveat protects the caveators interest. The caveator is already ready to face
the suit or proceedings which are 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 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 of caveat: 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 court10.
Unlike the Indian Succession Act, no form of caveat has been prescribed under
the Code. A caveat may, therefore, be filed in the form of a petition wherein the
caveator has to specify the nature of the application which is expected to be
made or has been made and also his right to appear before the court at the
hearing of such application. The Stamp Reporter or Registry of the court will
keep a register wherein entries will be made of the filing of caveats.
9 Id, pp 723 to 724
10Dr. Tripathi T.P., The code of civil procedure, 2nd Edition, 2008, Allahabad Law agency, p
- 325

WHO MAY LODGE CAVEAT?

Sub-section (1) of Section 148-A prescribes qualifications for the person who
intends to lodge a caveat. He must be a person claiming a right to appear before
the court on the hearing of the application, which the applicant might move for
the grant of interim relief. The language of sub-section (1) of Section 148-A is
wide enough to include not only a necessary party, but even a proper party.
Hence, a caveat may be filed by any person who is going to be affected by an
interim order likely to be passed instituted on an application which is expected
to be made in a suit or proceeding instituted or about to be instituted in a court.11
Thus, a person who is a stranger to the proceeding cannot lodge a caveat.
Likewise, a person supporting the application for interim relief made by the
applicant also cannot file a caveat.
Generally, a caveat can be filed after the judgment is pronounced. In exceptional
cases, however, a caveat may be filed even before the pronouncement of the
judgment.12

WHEN CAVEAT MAY BE LODGED?

Normally, a caveat may be lodged after the judgment is pronounced or order is
passed. In exceptional cases, however, a caveat may be filed even before
pronouncement of judgment or passing of order.13

WHEN CAVEAT DOES NOT LIE?

The provisions 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. The section cannot be
construed to mean and provide that even in cases where the Code does not
11 http://www.lpi.nsw.gov.au/about_lpi/faqs/land_title/whats_a_caveat
12 http://www.lawyersconveyancing.com.au/encyclopaedia/caveat/
13 Ibid
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contemplate notice, it can be claimed by lodging a caveat. Such a construction

would be inconsistent with the object underlying Section 148-A.

NOTICE
When a caveat is lodged, the court will serve a notice of an application on the
caveator. The section obliges the applicant who has been served with a caveat to
furnish the caveator, at the caveator's expense, a copy of the application along
with copies of papers and documents submitted by him in support of his
application14.

RIGHTS AND DUTIES15

Sub-sections (2), (3) and (4) of Section 148-A prescribe the rights and duties of
the caveator who lodges a caveat, of the applicant who in-tends to obtain an
interim order and of the court.
(a) Of 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 directory and not mandatory. Where no
notice could be served on account of uncertainty of the person likely to institute
a suit, appeal or other proceeding, 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 respondent16.
(b) Of Applicant
14 Sarkars, Commentary on The Code of Civil Procedure 1908, 4 th Edition,
Volume 1, p - 1210
15 https://www.scribd.com/doc/238516073/Caveat
16 Sir Mulla D.F., The Code of Civil Procedure, 2011, 18 th Edition, Volume 1, p 1369
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Sub-section (4) of Section 148-A provides that it is the duty of the applicant to
furnish to the caveator forthwith at the caveator's expense a copy of the
application made by him along with the copies of papers and documents on
which he relies. This provision thus makes it obligatory for the applicant to
serve his application along with all copies and documents filed or intended to be
filed in support of his applications
(c) Of Court
Once a caveat had been lodged, under sub-section (3), it is the duty of the court
to issue a notice of that application on the caveator. This duty has been cast on
the court obviously for the purpose of enabling the caveator to appear and
oppose the granting of an interim relief in favour of the applicant. Although the
expression "notice of application" has not been defined in the Code, it would
include the date of hearing. It must, therefore, be taken that it is the duty of the
court to give a sufficiently reasonable and definite time to the caveator to appear
and to oppose the application filed by the applicant. This duty of the court is in
addition to the duty of the applicant under sub-section (4) and non-compliance
with it defeats the very object of introducing Section 148-A and the breach
thereof vitiates the order. Therefore, merely because the caveator refuses to
accept the copy of the application from the applicant, the court is not absolved
from serving the notice of the application to the caveator.17

FAILURE TO HEAR CAVEATOR: EFFECT

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. It is, therefore, 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.
Unless that condition precedent 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.18
17 Takwani C.K., Civil Procedure, Sixth Edition, Eastern book company, p - 726
18 Sarkars, Commentary on The Code of Civil Procedure 1908, 4 th Edition,
Volume 1, p - 1210
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It also cannot be contended that the caveator is required to be heard not at the
time of passing an ex parte order at the initial stage, but at the time of passing
the final order. This reasoning would make the provisions of Section 148-A
nugatory and meaningless because, even in the absence of Section 148-A,
before passing a final order the other side is always required to be heard. That is
the requirement of natural justice. Therefore, once a caveat is filed, it is the duty
of the court to hear the caveator before passing any interim order against him.
But an interim order passed without hearing the caveator is not without
jurisdiction and operates unless set aside.
TIME-LIMIT
A caveat lodged under sub-section (1) will remain in force for ninety days from
the date of its filing.19
After the prescribed period of ninety days is over, caveat may be renewed.

LAND MARK JUDGEMENTS

Siddalingappa G.C. v. G.C. Veerana20, 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 21 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
19 Sir Mulla D.F., The Code of Civil Procedure, 2011, 18 th Edition, Volume 1, p 1368
20 1981(2) KLJ 323
21 1966 SCR (1) 25
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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.22

Some Important Points:

- Caveat can be filed only to oppose the application and not to support.
- Notice upon the caveator filing the date of hearing of the application is a
must. It is a mandatory under the Section 148-A
- Section 148-A applies only to trial courts, but not appellate courts
- 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.23
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 CONSIDERATIONS24
1. Section 148A, it does not give a right to the party to file a caveat in all the
execution cases.

22 Sir Mulla D.F., The Code of Civil Procedure, 2011, 18 th Edition, Volume 1, p 1369
23 Jain M.P., The Code of Civil Procedure, 2007, 3 rd Edition, Wadhwa and
Company, p - 517
24 https://www.scribd.com/doc/242635251/Caveat
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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.

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.

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BIBLIOGRAPHY
1. C.K. Takwani, Civil Procedure, Sixth Edition, Eastern book company.
2. Dr. Ashok K. Jain , Code of Civil Procedure, Ascent publications
3. Dr. T.P. Tripathi, The Code of Civil Procedure, 2nd Edition, 2008, Allahabad Law
Agency.
4. M.P.Jain, The Code of Civil Procedure, 2007, 3rd Edition, Wadhwa and Company.
5. Sarkars, Commentary on The Code of Civil Procedure 1908, 4th Edition, Volume 1
6. Sir D.F. Mulla, The Code of Civil Procedure, 2011, 18th Edition, Volume 1
7. www.accountsknowledgehub.blogspot.in
8. www.indiankanoon.com
9. www.lawyersconveyancing.com
10. www.lpi.nsw.gov.au
11. www.scribd.com
12. www.slideshare.net
13. www.westlaw.com
14. www.indianlawpress.com

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