What is "Caveat"? | ProAdvocate | Advocate Avichal Pandey | New Delhi

What is "Caveat"? | ProAdvocate | Advocate Avichal Pandey | New Delhi

The process of informing the court in advance about any dispute in a civil case is called caveat. Provisions regarding caveat are found in Section 148 (A) of the Code of Civil Procedure, 1908. Caveat means to warn a person. There are many situations in civil cases where a plaintiff brings a case to the court, summons are issued to the defendant related to that case, service of summons is informed, if the party does not appear then the court gives its decision to such party unilaterally.

It is the principle of natural justice in law that all the parties should be heard equally. Equal evidence should be taken from all the parties, after that any decision should be given. But there are many cases where a defendant is ordered to appear in the court and present his side, but the defendant ignores such a thing of the court. 

The court is forced to exclude the person who is disobeying from the proceedings ex parte, i.e. the side of that person is not heard at all, because the court was calling him repeatedly and that person was not appearing before the court.

In this situation, the court only hears the plaintiff and gives any verdict, which is according to the facts and circumstances. Due to this system, it started happening that sometimes the summons were not served and the plaintiff used to say that the summons has been served. 

The evidence related to the service was presented in the court, while the defendant had no knowledge of this, hence a system like caveat came into being.

Section 148(A) of the Code of Civil Procedure, 1908 mentions caveat and says that any party, on the basis of apprehension of being a party in a case, can file a caveat before the court and say that if a case related to him is brought in the court, then no decision of any kind should be given in the case without hearing him. 

Such a caveat is given in a court on the apprehension of becoming a party in any future proceedings against him. There is no case of any kind in the court, but there is a possibility of a case. Caveat is filed on the basis of this possibility. For example, if a person has a possibility that some person or institution can bring some kind of civil case against him in the court regarding any matter, then such a person files a caveat in the court against that person.

Such a caveat can be filed in any case, whether there is a suit or an appeal. Usually such a caveat is filed on the basis of the possibility of an appeal. Process of filing a caveat Caveat is filed in a court. There is an application for filing a caveat, in which the name of the court is written. The name of the person by whom the caveat is being filed is written. 

Complete information of the person against whom the caveat is being filed is written and the gist of the case in which he is likely to be a party is briefly mentioned in this application. With all this information, the parties can file their caveat before the court. The court keeps the caveat in its record and whenever any case related to it is presented in that court, then the court does not take unilateral action under any circumstances and informs the party filing the caveat about this. 

While presenting such a caveat before the court, information related to it has to be given to the party also, by whom there is a possibility of bringing a case. Such information is given through registered post and the slip of that post is attached with the caveat. This also makes the party aware that if he is going to bring a case in the court, then the information related to it has already been given to the notice of the court and it cannot be done ex parte now. Time period of caveat Any caveat remains valid within 90 days from its filing. After 90 days, its validity period ends and then it has no legal significance. 

If the court has to take cognizance again, then a new caveat has to be filed. This has been mentioned under subsection 5 of section 148 (A) of the Code of Civil Procedure, where it is clearly stated that any caveat is valid only for 90 days. After 90 days, it automatically expires. If after this the party brings a case before the court, then it can be done ex parte if the defendant does not appear.

This period of 90 days has been given in the law because normally But matters related to caveat are applicable only in the case of appeal. Parties give caveat only in the case of appeal because it is known that if a lower court has given any kind of decision against a party, then those parties can appeal against that decision in the higher court. 

Generally, the period of such appeal is only 90 days, so the caveat was also limited to 90 days. It is completely wrong that once a caveat is given, the court remains alert in that case forever. The court is bound to remain alert only for a period of 90 days.