CAVEAT

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CAVEAT

A Caveat is a Latin term which means ‘let a person beware’ originated in the mid-16th century. In law, it may be understood as a notice, especially in probate, that certain actions may not be taken without informing the person who gave the notice. It may simply be understood as a warning. In the Civil Procedure Code of 1908 (hereinafter, the Code) it was inserted under section 148A by the recommendations of the Law Commission of India’s 54th Report and was inserted by the CPC (Amendment) Act 104 of 1976.  

SECTION 148 (A)

Condition & Purpose of Caveat:-

  • Filed through an application of court.
  • Valid for 90 days.
  • Filed against an application.
  • This applies only upon suits.
  • This can also be filed upon writ but not under sec 148(A).
  • The purpose is to protect the principle of natural justice in favor of the applicant. It means do not decide the application ex-parte.
  • It can be filed even by the person who is not a party in the suit.

It is basically the manifestation of the principle of natural justice and the purpose is to prevent any application of the opposite party from deciding ex-parte. A caveat can be filed under sec 148A w.r.t. an application that has already been filed or anticipated to be filed.

A caveat can be filed also in the cases where the suit is not yet filed but it is anticipated that such a suit may be filed along with the applicant and the applicant may in light of emergency and overwhelming urgency request the court to conduct the ex-parte hearing. In such a case, the caveat will play the role of consenting natural justice for the caveator.

Due to caveat, the court will refrain from passing ex-parte order but in proper cases to protect the interest of justice it can by-pass the principle of caveat and for that purpose, the court can invoke section 151 of CPC.

Note: – If you by-pass the order of caveat decision violation of caveat will be void.

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