A caveat is a caution or giving notice to the Court not to take any step without notice being given to the party lodging the Caveat.
Section 148-A of the Code of Civil Procedure provides for lodging of a Caveat. It reads as under:
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.
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ADVERTISEMENTS:
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, acknowledgement due, on person by whom the application has been, or is expected to be made, under sub-sec. (1)
3. Where, after 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.
ADVERTISEMENTS:
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.
Failure to hear the Caveator – Effect:
In C. Seethaiah vs. State of A.P. Division bench of A.P. High Court held in the matter of “Caveat lodged by Caveator not supplied copies of petition and documents filed along with petition by petitioner ex-parte interim order against Caveator invalid”.
The bench further held that “That intention of the legislature in making Sec. 148-A is to enable the Caveator – respondent to be heard before any orders are passed and no orders are passed by Court exparte “.
ADVERTISEMENTS:
Therefore, it is the duty of the Court to hear the Caveator before passing any interim order against him.