A caveat, derived from the Latin term meaning “let a person beware,” is a legal notice that prevents a court from taking action without informing the party who filed it. Section 148A of the Code of Civil Procedure, 1908, introduced by the Amendment Act of 1976, provides the statutory framework for lodging a caveat in Indian civil proceedings.
MEANING AND PURPOSE OF CAVEAT
A caveat serves as a precautionary measure, allowing an individual (the caveator) who anticipates that an application may be made in a suit or proceeding against them to seek prior notice before any order is passed. This ensures that no adverse order is made without providing the caveator an opportunity to be heard, thereby upholding the principles of natural justice.
LEGAL PROVISIONS UNDER SECTION 148A CPC
Section 148A outlines the following key aspects:
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Right to Lodge a Caveat: Any person claiming a right to appear before the court on the hearing of an application which is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, may lodge a caveat.
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Notice of Caveat by Caveator: The caveator must 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.
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Obligation of the Court: Upon filing of the application, the court is mandated to serve a notice of the application on the caveator.
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Obligation of the Applicant: The applicant, upon receiving the notice of the caveat, is required to furnish the caveator, at the caveator’s expense, with a copy of the application and copies of any supporting documents.
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Duration of Caveat: A caveat remains in force for 90 days from the date of its filing unless the anticipated application is made before the expiry of this period.
SCOPE AND APPLICABILITY
The provision of Section 148A is applicable exclusively to civil proceedings. It does not extend to criminal proceedings or petitions filed under Article 226 of the Constitution of India. This was elucidated in the case of Deepak Khosla v. Union of India & Ors., where the Delhi High Court held that a caveat under Section 148A CPC is not maintainable in criminal proceedings.
PROCEDURE FOR FILING A CAVEAT
The process for lodging a caveat includes:
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Drafting the Caveat Petition: The petition should clearly state the caveator’s details, the anticipated application, and the suit or proceeding in question.
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Affidavit: The petition must be supported by an affidavit verifying the contents of the caveat.
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Vakalatnama: If the caveat is filed through an advocate, a duly signed Vakalatnama should accompany the petition.
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Service of Notice: The caveator is required to serve a notice of the caveat to the anticipated applicant by registered post with acknowledgment due.
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Filing in Court: The caveat petition, along with the affidavit, Vakalatnama, and proof of service of notice, should be filed in the appropriate court having jurisdiction over the matter.
RIGHTS AND OBLIGATIONS OF PARTIES INVOLVED
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Caveator: Has the right to receive notice of any application filed in the relevant suit or proceeding and to be heard before any order is passed.
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Applicant: Upon receiving notice of the caveat, must provide the caveator with copies of the application and supporting documents.
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Court: Obligated to notify the caveator of any application filed and ensure that no ex-parte orders are passed without giving the caveator an opportunity to be heard.
CASE LAWS ILLUSTRATING THE APPLICATION OF SECTION 148A
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Nirmal Chand v. Girindra Narayan: In this case, the Calcutta High Court defined a caveat as a caution to the court not to grant any relief to the applicant without notice and hearing the caveator.
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Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma: The Kerala High Court held that a person who is not a party to the proceeding cannot lodge a caveat under Section 148A, emphasizing that the caveator must have a direct interest in the matter.
LIMITATIONS AND EXCEPTIONS
While Section 148A provides a mechanism for safeguarding the interests of individuals against ex-parte orders, it is pertinent to note:
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Non-Applicability in Criminal Proceedings: As established in Deepak Khosla v. Union of India & Ors., caveats are not maintainable in criminal cases.
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Validity Period: A caveat remains effective for 90 days from the date of filing. If the anticipated application is not made within this period, the caveat lapses, and a fresh caveat must be filed if required.
CONCLUSION
Section 148A of the CPC serves as a vital tool in civil litigation, ensuring that no orders are passed without providing an opportunity of hearing to the party who may be affected. It upholds the principles of natural justice and prevents the misuse of ex-parte orders, thereby contributing to fair adjudication in civil proceedings.
REFERENCES
- Deepak Khosla v. Union of India & Ors., Delhi High Court, 2011.
- Nirmal Chand v. Girindra Narayan, Calcutta High Court, 1978.
- Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma, Kerala High Court, 1991.
- Code of Civil Procedure, 1908, Section 148A.
- Law Commission of India.
