Civil Procedure Code - All about Caveat (Section 148A)

You expect that Mr Batman will file an application against you for some interim order. So far Mr Batman haven't filed an application in Court, but you think that very very very likely Mr Batman will file an application against you for some order. You also feel that Court might pass an ex-parte order against you.

What will you do ?

You will  go and file a Caveat as per Section 148A of Civil Procedure Code.

Here is the famous case where Tata Group filed a caveat against expelled CEO Cyrus Mistry. Tatas felt that Cyrus Mistry may file a suit against them so they moved to the court and filed a caveats. They filed caveats in many places like NCLT, High Court, Supreme Court.


What is this caveat ?

CPC don't provide a definition for it. It's a latin word. However in one of the case court tries to give it a meaning. 

It layman's term, it is like asking court, that if anybody files a suit against me, or if there is hearing against me in any of the already filed suit, just give me notice and hear me out.

How caveat helps avoid multiplicity of cases? For example, if opposite party files an application, court gives order, you then file appeal against that order. All this can be avoided at the beginning. by filing a caveat.


Who can file a caveat?

Below persons can file a caveat.


What is the duty of court after filing of caveat?

Court has to give notice.


What is duty of Caveator ?

First caveator means a person who files a caveat. He has below duty.


What is duty of other party ? (Against whom you filed an caveat)

Well, he has to give you some documents and details about suit/application he filed or about to file.


Time limit related to caveat?

It's 90 days. 90 days. 90 days.


Format of caveat

There is no specific format. Here is sample from Delhi High Court.


That's an overview about caveat.


Legalfundaa

Comments

  1. AnonymousJuly 27, 2022 at 3:53 AM

    Under Caveat petition act
    The caveator asserts his right to appear in court to answer the complaint made against him in the caveat petition.

    ReplyDelete

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