Write a short note on Caveat

Question: Write a short note on Caveat.

Find the answer only on Legal Bites. [Write a short note on Caveat.]

Answer

The caveat is derived from Latin, meaning “let a person be aware”. Though the caveat is not defined under the Code of Civil Procedure, the right and procedure to file a caveat have been provided under Section 148A.

The said provision has been enacted by the amendment to the Code of Civil Procedure, 1976. Prior to this, the Supreme Court had already laid down the provisions for Caveat under Supreme Court Rule before it was enacted. The Law Commission, in their Fifty-fourth report, also prescribed the inclusion of such provision in the Code of Civil Procedure.

The aim of Section 148A is to protect the right of a party to suit where an adverse order of ex parte may be passed without any information, notice, or summons.

The object of the section is two-fold:

1. 1. First, it provides an opportunity for the opposite party to be heard before an order is passed and to show cause why the order should not be passed.
   2. Secondly, it avoids multiplicity of proceedings because if such a provision was not there, the affected person would have to file a separate proceeding to have the adverse order set aside

Scope: The proviso of Section 148A provides that a caveat can be filed in a suit or proceeding. The Supreme Court in Ram Chandra Aggarwal v. Detail of U.P.[ AIR 1966 SC 1888],

“the expression Civil Proceeding under Section 141 of the code includes all proceedings which are not original proceedings”.

In this manner, the provision with regard to caveat would be made applicable to suits, appeals, and any further proceedings under the Code of Civil Procedure or under various legislations.

It is true that no order can be passed in a caveat against the caveator (person lodging the caveat) unless he is heard, but if he is not present during the time of hearing of the application and the court finds that there exists a prima facie case in favour of the applicant, ad-interim relief can be granted” to the caveator.

Consequently, “a caveat can be filed by any individual who will be affected by an interim order foreseeable to be passed on an application which is expected to be made in a suit or” proceeding initiated or going to be initiated in a court.

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