Caveat Petition-section 148A – Civil Procedure Code of 1908

A Caveat is a Latin term which means, ‘let a person beware’.It may simply be understood as a warning.

Nirmal Chand v. Girindra Narayan,

Court had defined the word Caveat, wherein it said, A Caveat is a caution or warning given by a person to the Court not to take any action or grant relief to the other side without giving notice to the caveator and without affording an opportunity of hearing him.

The Section 148A of the Code

148A. Right to lodge a caveat.

(1) Where an application is expected to be made, or has been made, in a suit or proceedings 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.

Who may lodge a Caveat?

(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged shall serve a notice of the caveat by registered post, on the person by whom the application has been or is expected to be, made, under sub-section (1).

Duties of the Caveator

(3) Where, after a 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.

Duty of the Court

(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.

Duties of the Applicant

(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