Caveat under section 148-A of CPC

2 Nov 2022  Read 6654 Views

For instance, let's say Mr Tunak has land he wants to develop and receives permission from the town. Tunak wants to put up a house there. Tunak's neighbour, Mr Taara, disagrees with his choice, claiming that he owns a piece of the property where the work would be done. What can Mr Tunak do?

In this article, we are going to discuss the caveat, its provision under CPC, who may file a caveat, how to file a caveat, its limitations, rights and duties and lastly, a few case laws.

Meaning and definition of Caveat

The Latin word "cavere," which denotes "warning," "hint of caution," or "let him beware," is where the word "Caveat" originates. A caveat is, to put it simply, "an entry made within the books of the offences of the registry or court to prevent a particular step without prior knowledge to the person submitting the caveat." It is acknowledged as a legal notification or precaution taken specifically in probate matters. Aiming to prevent particular matters from being considered during court proceedings, action from being taken, judgement from being rendered, or order from being issued without first hearing the party who filed the notice of caveat. Placing a caveat is a preventative measure against the issuance of probate.

Section 148 A CPC

-        Any person claiming to have the right to appear in court during the hearing of a particular application in a suit or procedure that has been filed or is likely to be filed may file a caveat.

-        The person by whom the application has been made or is anticipated to be made, as stated above, shall receive a caveat notice from the caveator.

-        If any application is filed in any suit or proceeding after the caveat is filed, the court must deliver a notice to the caveator.

-        An applicant must provide the caveator with a copy of the application they have made and copies of any other legal papers they may have filed to support their application when they get a notice of caveat.

-        Unless the application specified in subsection (1) has been started before the expiration of the given term, a caveat is only effective for 90 days from the date of filing.

How to file a caveat?

The caveator or his attorney must sign any caveat under Section 148A. Where an advocate represents the caveator, his Vakalatnama should also be submitted. The provided caveat must be recorded in a register of caveats the courts keep in the form of a petition or any other format that may be required. The name of the plaintiff, the name of the defendant, the date and the number of proceedings filed as anticipated by the caveator are all listed in the register of caveats together with the caveat's filing date. Whenever a caveat is filed, it is accompanied by a copy, a postal receipt, and an application notifying the court that copies of the caveat have been sent to each party. Even though the court fee for submitting a caveat differ depending on the court, they are typically modest and less than INR 100. For most courts, the caveat's guidelines and structure are uniform.

The following processes should be followed while submitting a caveat petition to the Delhi High Court:

-        The affidavit supporting the caveat petition. The caveator must sign both the petition and the affidavit;

-        The Court must also receive a vakalatnama, the contested order (if applicable), and documentation of how the caveat notice was served.

Who may file a caveat?

Section 148A states that anybody, whether or not they are a party to the lawsuit, may file a caveat as long as they have the legal right to do so about the lawsuit in the issue. Therefore, if a third party is connected to the case, they may also file a caveat. However, as it has already been mentioned, a caveat cannot be filed by a person who is completely unrelated to the matter, and Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma established this rule. Last but not least, this phrase is substantive in nature, and any party asserting the right can appear before the court.

Limitation of caveat

After the court has rendered a decision or issued an order, a caveat is filed. A caveat is, however, entered prior to the pronouncement of the verdict or the issuance of the order in several cases. Upon filing, the caveat will be in effect for 90 days. A fresh Caveat Petition may be filed after 90 days.

Rights and Duties

Specific rights and duties are given to the applicant, the caveator, and the court under Section 148A. The applicant must pay the caveator's expenses and deliver a copy of the caveat application alongwith any supporting document. It is the caveator's responsibility to deliver notice by registered mail to the person against whom a request for the issuance of an interim injunction has been submitted. The Court must give notice of the Caveator's filed application and give him a reasonable amount of time to challenge it, appear in court, and present evidence supporting the interim order in the applicant's favour.

Case Laws on Caveat

On November 28, 2017, in the case of Smt. Gangamma vs Sri G. Dayanandha, the Karnataka High Court held that the properties listed on the plaint schedule and the schedule for the caveat petition are completely different. As a result, the petition filed by the defendant asserting a right to appear before the court during the hearing of such a matter had recognised the threat and interference to the property listed in the caveat petition schedule and had, as a result, filed a caveat to safeguard the listed property. Thus, the defendant's memo was disregarded after it was filed.

In Yaseen and 4 Others v. Mahendra Yadav, Naib Tehsildar on October 7, 2020, the Allahabad High Court stipulated that the lockdown period and the time during which the functioning of courts and tribunals has been suspended or disrupted are not included in the 90-day period during which caveats filed under Section 148-A CPC remain in force.

Conclusion

So back to the question… what could Tunak possibly do?

In advance, he can file a caveat against Mr Taara in a suitable lawsuit, asking that the court notify him whenever such an application under Section 148 of CPC is made. A caveat is a remedy the legislature provides under CPC for those who think that legal action can be taken against them.

About the Author: Gurpreet Kaur Dutta | 82 Post(s)

A legal content writer who pursued BBA-LL.B.(H) from Amity University Chhattisgarh. She has a keen interest in corporate and IPR sectors. 

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