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IMPORTANCE OF CAVEAT PETITION UNDER CODE OF CIVIL PROCEDURE

INTRODUCTION

Meaning of the term "caveat" has not been defined in the Code. The word (caveat) has been
derived from Latin which means "beware". According to the dictionary meaning,' "a caveat is
an entry made in the books of the offices of a registry or court to prevent a certain step being
taken without previous notice to the person entering the caveat". In other words, a caveat is a
caution or warning given by a party to the court not to take any action or grant any relief to
the applicant without notice or intimation being given to the party lodging the caveat 1 and
interested in appearing and objecting to such relief. The person filing or lodging a caveat is
called "caveator". Section 148-A of the Code of Civil Procedure provides for lodging of a
caveat2.The Section talks in brief about the caveat petition. A caveat petition is a
precautionary measure which is undertaken by people usually when they are having a very
strong apprehension that some case is going to be filed in the Court regarding their interest in
any manner. The word 'Caveat' is not defined in the Code. However, in the case of Nirmal
Chand v. Girindra Narayan3, the Court had defined the word Caveat, wherin 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 oppurtunity of
hearing him4.

OBJECT AND SCOPE OF THE SECTION

The object of this section is to safeguard the interest of the Caveator, who is ready to face the
suit or proceedings which is expected to be instituted by his opponent, affording an
opportunity to be heard, before an ex parte order is made. Also, to avoid multiplicity of
proceedings, so as to save the costs and conveniences of the Courts.

The Scope of the section was laid down in various cases. In the case of Nirmal Chand5 the
Court had said that any party affected by an interim order can file a Caveat petition. Also, in

1
http://www.slideshare.net/shakuntla1/caveat-31607086
2
Takwani C.K., Civil Procedure, Sixth Edition, Eastern book company, p - 722
3
AIR 1978 Cal 492
4
Hindushree,Caveat petition under (Section 148A of the Civil Procedure Code, 1908), Availavle at:
http://www.legalservicesindia.com/article/article/caveat-petition-2124-1.html; last visited: 28/08/17.
5
Supra note 3.

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the case of Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma6, the court
opined that a person who is a total stranger to a proceeding cannot lodge a caveat

ANSWERING THE RESEARCH QUESTIONS

1) Who may lodge a Caveat? (Clause 1)

Any person claiming a right to appear before the Court, May lodge a caveat thereof. It is
substantive in a nature.

Where an application is expected to be made.


Where an application has already been made
In a suit or proceeding instituted
In a suit or proceeding which is about to be instituted.
2) Duties of the Caveator (Clause 2)

This clause is directive in nature. The person by whom the Caveat has been lodged is called a
Caveator. He shall,

Serve a notice of the Caveat by registered post, acknowledgement due


On the person by whom the application has been made
On the person by whom the application is expected to be made

iii) Duty of the Court (Clause 3)

After a Caveat has been lodged under Clause 1, if any application is filed in any suit or
proceeding, the Court shall serve a notice of the application on the Caveator. This clause is
mandatory in nature.

iv) Duties of the Applicant (Clause 4)

It is directive in nature and says that, where a notice of any Caveat has been served on the
applicant, he shall furnish, at the expense of the Caveator,

A copy of the application made by him.


Copies of any paper or document which has been filed by him in support of his
application.

6
AIR 1991 Ker 411.

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Copies of any paper or document which may be filed by him in support of his
application.

v) Time restriction of a Caveat Petition (Clause 5)

The life of the petition is 90 days, from the date on which it was lodged. The only exception
is, if the application already exists, or has been made before the said period, the clause ceases
to exist.

All the above five ingredients are vital to a Caveat petition all the above are to be followed
austerely.

CONCLUSION

The Court has said that a proceeding under article 226 of the Constitution of India, does not
entertain a Caveat petition. It also applies for execution proceedings and proceedings under
the Criminal Procedure Code. There is no doubt that the said parameters can be stretched by
means of an imperative process, however, the very necessity of the provision cannot be put
on stake by the Court due to the complications of the Court. The section should be followed
scrupulously by the Court.

RESEARCH OBJECTIVE

The underlying object of a caveat is twofold one is to safeguard the interest of a person
against an order that may be passed on an application filed by a party in a suit or proceeding
instituted or about to be instituted. And It seeks to avoid multiplicity of proceedings.
Therefore the main objective of this paper is to analyze how far caveat has been successful in
achieving these objectives and also what did the Law Commission, recommended insertion of
such a provision in the Code of Civil Procedure also7. The researcher will also be analyzing
various judgments and interpreting the scope of caveat petition and its importance in India.
These judgments will be included under chapter 12. The researcher for the purpose of
synopsis has mentioned the name of the case and the issues involved in them.

Reserve Bank of India Employees association & Anr. V. The Reserve Bank of India and
Ors8.

7
Ibid, pg. 723 to 724
8
AIR 1981 AP 246

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In this case A caveat petition was filed on 01-10-1980 apprehending the above, for which a
notice was served on the plaintiff on 08-10-1980. On 27-10-1980, copies of the intended
application for interim relief, relevant papers and documents were served on the Caveators.
The plaintiff's also informed the caveator's that they will be moving the application on 28-10-
1980. The case was not heard on 28th and was just passed over. It was later heard on 30-10-
1980, and an order of injunction was passed without giving any notice to the caveators.

Caveators contended that the interim orders of injunction passed by the court on 30.01.1980
was null and void, as it was passed without jurisdiction, contrary to section 148A of the CPC,
1908. The issues were that,

1. Whether the order of the learned Judge injuncting the present caveators without giving a
notice is null and void ?

2. Whether the order stands till it is set aside according to the procedure known to law ?

Other cases include B.Santhosh v. Jagat Ram & Anr9 and C.G.C. Siddalingappa v. G.C.
Veeranna10

RESEARCH METHODOLOGY

The methodology adapted to carry out the research work will be doctrinal in nature,
descriptive, and analytical. The relevant material will be collected from the primary and
secondary sources like international legal instruments, statute, judgments, books, newspapers,
law journals, law reports, internet references and opinions of research scholars, academicians.

9
(2010) 3 SCC 251.
10
AIR 1981 Kant 242

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Tentative chapterisation

1. Introduction
2. Nature & Scope
3. Object
4. Form
5. Who may lodge Caveat
6. When Caveat may be lodged
7. When Caveat does not lie
8. Notice
9. Rights and Duties
a. Of Caveator
b. Of Applicant
c. Of Court
10. Failure to hear Caveator: Effect
11. Time Limit
12. Landmark Judgments
13. Vacating and with drawl of caveat
14. Conclusion

REFERANCES

BOOKS:
1. Takwani C.K., Civil Procedure, Sixth Edition, Eastern book company, p - 722

CASE

1. Nirmal Chand v. Girindra Narayan, AIR 1978 Cal 492


2. G.C. Siddalingappa v. G.C. Veeranna, AIR 1981 Kant 242
3. Santhosh v. Jagat Ram and Anr. (2010) 3 SCC 251
4. Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma, AIR 1991 Ker 411
5. Reserve Bank of India Employees association & Anr. V. The Reserve Bank of India and
Ors.,AIR 1981 AP 246

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Webliography

1. Hindushree,Caveat petition under (Section 148A of the Civil Procedure Code, 1908), Availavle
at: http://www.legalservicesindia.com/article/article/caveat-petition-2124-1.html.
2. http://www.slideshare.net/shakuntla1/caveat-31607086

N.Bavithran- BC0140018