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CAVEAT APPLICATION

A Caveat Application is a legal document filed in a court by a person (called a caveator) to prevent a court from passing any order or judgment in a matter without first hearing the caveator. The term "caveat" is derived from Latin, meaning "let a person beware."

A Caveat Application is a legal document filed in a court by a person (called a caveator) to prevent a court from passing any order or judgment in a matter without first hearing the caveator. The term "caveat" is derived from Latin, meaning "let a person beware."


Meaning of Caveat Application

A Caveat Application serves as a precautionary legal measure. It is filed when a person anticipates that someone may file a case or appeal against them. By filing a caveat, the caveator ensures that the court will not pass any order without giving them a chance to present their side.


Legal Provision

  • Section 148A of the Code of Civil Procedure, 1908 (CPC) deals with Caveat.

  • It was introduced by the Amendment Act of 1976.


When is a Caveat Application Used?

A caveat is usually filed in the following situations:

  1. Anticipation of an application:

    • When a person expects that an application or appeal might be filed by an opposing party in a court.

  2. Matters involving probate, injunctions, or stay orders:

    • Common in property disputes, family matters, or where ex parte orders (orders passed without hearing the other side) may be passed.

  3. To prevent ex parte orders:

    • The caveator wants the court to notify them and give them a hearing before any interim or final order is passed.


Essential Elements of a Caveat

  • It must specify the name of the expected applicant.

  • Must be filed in the same court where the anticipated case will be filed.

  • Should be filed within 90 days; if no application is filed within that time, the caveat lapses.

  • The caveator must serve a copy of the caveat to the opposite party.


Example Scenario

Suppose A has a property, and B is likely to file an injunction to stop A from constructing on it. A may file a caveat in court so that if B files an application for injunction, the court will notify A and give a chance to argue before passing any injunction order.


Key Case Law

  • Krishna Kumar Birla v. Rajendra Singh Lodha (2008) 4 SCC 300Supreme Court held that a caveat can be filed by any person claiming a right to appear before the court, not necessarily a party to the original proceeding.



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