A
caveat, in legal terms, is a formal notice or warning filed by an individual
(the caveator) to the court or public authority, indicating that they should be
notified and given an opportunity to be heard before any action or decision is
taken in a particular legal matter that could affect their rights or interests.
Key Aspects of a Caveat:
1. Purpose:
o The primary purpose of filing a
caveat is to protect the caveator from any adverse order or judgment being
passed without their knowledge or opportunity to present their case. It ensures
that the court or authority does not take any ex parte action (action taken in
the absence of one of the parties) that could negatively impact the caveator.
2. Legal Provision (in India):
o In the Indian legal system, the
provision for filing a caveat is outlined under Section 148A of the Code of
Civil Procedure, 1908 (CPC). According to this section, a person anticipating
that another individual may initiate a legal proceeding or application that
could affect them can file a caveat.
3. Scope and Applicability:
o A caveat can be filed in various
types of cases, including civil suits, probate matters, and matrimonial
disputes. It is often used in cases where the caveator fears that the opposing
party might seek interim relief, such as a temporary injunction, which could be
granted without the caveator's input.
o For example, in a property dispute,
if one party anticipates that the other party may seek a temporary injunction
to prevent them from selling the property, they can file a caveat to ensure
they are heard before any such order is passed.
4. Procedure for Filing a Caveat:
o The caveator must submit a formal
written application to the relevant court or authority, expressing their
intention to be notified of any proceedings or applications related to the
matter in question.
o The caveat application should
include details such as the caveator’s name, address, and a brief description
of the legal matter in which they anticipate action.
o Once the caveat is filed, the court
or authority is legally obligated to notify the caveator before passing any
order or taking any action related to the case.
5. Duration and Validity:
o In India, a caveat remains in force
for 90 days from the date of filing. If no action is taken during this period,
the caveat lapses, and the caveator may need to file a new caveat if they still
have concerns.
o If a legal proceeding is initiated
within the 90-day period, the caveat remains effective until the court passes
an order in the case.
6. Rights of the Caveator:
o The caveator has the right to be
heard before any adverse order is passed. This means that the court must notify
the caveator and provide them with an opportunity to present their arguments or
objections.
o The caveator is not a party to the
case unless they choose to join it, but they have a limited right to
participate in the proceedings to the extent necessary to protect their
interests.
7. Caveat in Other Legal Systems:
o While the concept of a caveat is
common in many legal systems, the specifics can vary. In some jurisdictions,
caveats are used in probate law to prevent the grant of probate or
administration without notifying the caveator.
o In the context of intellectual
property, a caveat can be a formal notice to the patent office or trademark
registry, requesting that they notify the caveator before granting any rights
that could conflict with the caveator’s interests.
Examples of Caveats in Practice:
Consequences of Not Filing a Caveat:
If
a person who should have filed a caveat fails to do so, the court may pass an
order or grant relief to the other party without giving them an opportunity to
be heard. This could lead to unfavorable outcomes, such as the grant of an
interim injunction, attachment of property, or other similar orders that could
adversely affect their rights or interests.
In
summary, a caveat is a preventive measure that allows individuals to safeguard
their rights by ensuring they are heard before any action is taken in a legal
matter that could impact them.
Application for Caveat (Section
148A, CPC)
In the Court of the ___________
Money Suit No. ____/20
In the matter of
A.B., S/o C.D.
(Address)
... Plaintiff
Versus
P.Q., S/o
M.N.
(Address)
... Defendant
And
In the
matter of Caveat
P.Q., S/o M.N.
(Address) ... Caveator
Application
Most respectfully submitted as under:
1.
The
Applicant, P.Q., S/o M.N., respectfully submits this application under Section
148A of the Code of Civil Procedure, 1908, for the purpose of lodging a caveat
in respect of any application that may be filed by the Plaintiff in the
above-mentioned Money Suit No. ____/20.
2.
The
Applicant is the Defendant in the above-referenced Money Suit No. ____/20,
which has been filed by A.B., S/o C.D., in this Hon’ble Court. The Plaintiff's
claim pertains to a monetary dispute, the details of which are laid out in the
suit documents filed by the Plaintiff.
3.
The
Applicant/Caveator apprehends that the Plaintiff may file an application or
initiate proceedings in this Hon’ble Court that could potentially result in
orders being passed ex parte or without affording the Applicant a proper
opportunity to be heard. Such orders, if passed, may adversely affect the
rights and interests of the Applicant.
4.
In
view of the above, the Applicant/Caveator submits that it is his legal right
under Section 148A of the CPC to be notified and given an opportunity to be
heard before any order, particularly an interim order, is passed by this
Hon’ble Court in the said suit or any related matter.
Prayer:
In
light of the above, the Applicant/Caveator most humbly prays that this Hon’ble
Court be pleased to:
a.
Take
notice of this caveat in the above-referenced Money Suit No. ____/20.
Verification:
The
Applicant/Caveator verifies that the statements made in this application are
true to the best of his knowledge, information, and belief.
Place:
__________
Date: __________
Signature
of the Caveator
P.Q., S/o M.N.
Address: __________
Advocate: __________
(If represented by an advocate)
