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