Caveat in CPC

The term caveat Caveat in CPC assumes a pivotal role, providing a shield of protection for individuals and entities navigating the labyrinthine landscape of the Civil Procedure Code (CPC). A caveat serves as a pre-emptive legal notice, cautioning that no actions be taken without notifying the caveator, thereby safeguarding their rights and interests.

This legal mechanism embodies the principles of fairness and due process, ensuring that parties have the opportunity to present their case before the court proceeds. In this article, we delve into the essential facets of caveats in CPC, elucidating their significance and the rights and responsibilities they entail.

Caveat under Section 148a of CPC

The term “caveat,” originating from Latin, means “let a person be aware.” In the legal context, it can be understood as a notification that requests someone not to take specific actions without first informing the party issuing the notification.

In civil procedure law, the concept of a caveat is addressed in Section 148A. Although the Civil Procedure Code does not provide a specific definition for “caveat,” a court ruling in the case of Nirmal Chand v. Girindra Narayan clarified that a caveat in CPC is essentially a warning from an individual to the court. This warning states that no order or judgment should be issued without notifying the person who lodged the caveat or without allowing them an opportunity to be heard.

The person who files a caveat is known as the “Caveator,” while the individual initiating a lawsuit or intending to do so is referred to as the “caveatee.” The primary purpose of a caveat is to ensure that the court does not make decisions in the absence of one party, known as “ex parte” orders and to safeguard the interests of the Caveator.

Additionally, a caveat under CPC serves to reduce the court’s workload and can expedite the resolution of legal disputes by minimising the number of separate legal proceedings. However, it’s important to note that in the case of Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma, the court ruled that a caveat cannot be filed by someone who has no direct involvement in the lawsuit, emphasising the caveat’s purpose to be cost-effective and convenient for the court.

When to Lodge a Caveat in CPC?

As per Section 148A, individuals have the right to lodge a caveat when they suspect that a case has been or will be filed against them in any court. A caveat under CPC can be submitted in the form of a petition under the following circumstances:

• During an ongoing lawsuit or legal proceeding and an application has either already been submitted or is anticipated.
• When a lawsuit is on the verge of being initiated and it is expected that an application will be filed in that lawsuit.

In summary, the caveat always pertains to an application within a lawsuit or legal proceeding. Additionally, the lawsuit or proceeding can either be ongoing (already instituted) or anticipated in the future, where a lawsuit has not yet been initiated but is expected to be. In all such situations, the right to lodge a caveat comes into play.

Who May Lodge a Caveat under CPC?

Section 148A also specifies that a caveat can be submitted by any individual, whether or not they are a party directly involved in the lawsuit. However, the person filing the caveat must have the legal right to present themselves before the court concerning the specific lawsuit in question. This means that a third party can file a caveat in CPC if they have some connection or involvement with the lawsuit.

It’s essential to emphasise, though, that a caveat cannot be lodged by a person who has no meaningful connection to the case. This principle was established in the case of Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma.

Section 148A of the CPC states:

“148 A. Right to lodge a caveat.– (1)Where an application is expected to be made or has been made, in a suit or proceeding 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.

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

(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.

(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveators 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.

(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 unless the application referred to in sub-section (1) has been made before the expiry of the said period.”

Where Can a Caveat be Lodged?

A caveat in CPC can be lodged in various types of courts when the caveator expects legal proceedings to be initiated against them in the near future. This includes Civil Courts with original jurisdiction, Appellate Courts, High Courts and even the Supreme Court. Civil Courts encompass a range of judicial bodies such as Courts of Small Causes, Tribunals, Forums and Commissions.

However, it’s essential to note that in the case of Deepak Khosla v. Union of India & Ors, the court ruled that Section 148A of the Civil Procedure Code applies exclusively to civil proceedings. Therefore, caveats cannot be filed against petitions under the Criminal Procedure Code or petitions made under Article 226 of the Constitution of India.

How to File a Caveat under CPC?

To file a caveat under Section 148A, the caveator or their advocate must sign the document. If an advocate represents the caveator, the caveat should be accompanied by a Vakalatnama (a legal authorisation for representation).

The caveat is then registered in a designated caveat register maintained by the courts. This registration can be in the form of a petition or any other prescribed format. The caveat in CPC register includes information such as the date of the caveat, the name and address of the caveator, the names of the plaintiff and defendant and the anticipated date and proceeding number as perceived by the caveator.

When filing a caveat under CPC, a copy of the caveat, postal proof of sending the caveat to all relevant parties and an application explaining that copies have been sent should be included. The court fees for filing a caveat may vary depending on the specific court, but it is generally a nominal amount, typically less than INR 100. The rules and format for caveats are usually consistent across most courts.

When filing a petition of caveat in CPC in the Delhi High Court, you should follow the steps outlined below:

Prepare the Petition and Affidavit:

Draft the caveat petition outlining the necessary details of the case, your concerns and your interest in appearing before the court.

Prepare an affidavit to support your caveat petition. The affidavit should be signed by the caveator, which is you.

Attach Supporting Documents:

Include a Vakalatnama if you are represented by an advocate. This authorises the advocate to represent you in the case.

If there is an impugned order related to the case, include a copy of this order as it may be relevant to your caveat under CPC.

Include proof of service of notice of the caveat to all relevant parties. This ensures that the court is aware that you have provided notice to all concerned parties.

Submission to the Court:

Submit the signed caveat petition, affidavit, Vakalatnama (if applicable), impugned order (if any) and proof of service of notice of the caveat to the Delhi High Court.

What Does a Caveat Contain?

A caveat, which serves as a notice to the court regarding certain actions that should not be taken without informing the caveator, typically includes the following information:

• Name of the Caveator: The person or entity lodging the caveat.
• Address of the Caveator: The address where the notice should be sent.
• Name of the Court: The specific court where the caveat is being filed.
• Suit and Appeal Information: If applicable, the caveat should include the suit number and the number of the appeal.
• Brief Details about the Suit or Appeal: A concise description of the lawsuit or appeal that is anticipated to be filed.
• Names of Probable Plaintiffs/Appellants and Respondents: The names of the individuals or parties who are likely to initiate the lawsuit or appeal, as well as the names of those who may be on the opposing side.

Notice of Caveat in CPC

When a caveat is filed, the court typically serves a notice to the caveator, informing them about the caveat application. Upon receiving this notice, it becomes the responsibility of the applicant (the party initiating the legal action) to provide the caveator (the individual who filed the caveat) with a copy of the application they have submitted, including any accompanying documents. This is done at the expense of the caveator.

Failure to follow these notification procedures can have significant consequences. If the court or the applicant disregards the caveat in CPC and fails to notify the caveator as required, any judgment or decree subsequently issued by the court may be considered null and void. This underscores the importance of adhering to the rules and procedures related to caveats in legal proceedings, as it ensures that all parties involved have the opportunity to participate and present their cases fairly.

Time Period of Caveat

Caveats are typically lodged after a court has already issued a judgment or order. This means that they are filed as a precautionary measure by a party who anticipates that someone else may take legal action against them following the court’s decision.

However, in exceptional cases, it is possible to file a caveat in CPC before the judgment is pronounced or an order is passed. This is usually done when there is a strong reason to believe that such a judgment or order is imminent and the caveator wants to be prepared to have their say in the proceedings.

A caveat in CPC, once filed, remains in effect for a period of 90 days from the date of its filing. After this initial 90-day period, it is possible to file a fresh caveat petition if necessary. This allows the caveator to continue to be notified and have the opportunity to participate in the legal proceedings.

The ability to file a fresh caveat petition ensures that the caveator’s interests are protected, especially in cases where ongoing or potential legal disputes are protracted over time. It provides a mechanism for the caveator to stay informed and involved in the proceedings as needed.

Whether Caveat Application is Viable in Criminal Cases to Contradict The Prayer of Accused Seeking An Interim Order

In the case of Deepak Khosla Vs. Union of India & Others, a Division Bench of the High Court examined the provisions of the Civil Procedure Code, 1908 and the Code of Criminal Procedure, 1973. The court reached a conclusion emphasising that Section 148A of the CPC is a part of the Code of Civil Procedure, which is specifically designed to govern civil suits adjudicated by civil courts. Civil courts handle cases of a civil nature.

The court concurred with the judgments of the Kerala High Court and the Rajasthan High Court in the cases of Harikishan Vs. Jacob (supra) and Sahab Ram & Anr. (supra). These judgments highlighted that the CPC and CrPC are distinct legal codes that provide procedures for handling proceedings in civil and criminal matters, respectively, as indicated in their respective codes.

Importantly, the provision for caveat is explicitly mentioned in the Civil Procedure Code, outlining the process and requirements for filing caveats in civil cases. However, the legislature has not included any similar provisions related to caveats in the Code of Criminal Procedure (CrPC).

As a result, the court in this case concluded that filing a caveat in a criminal proceeding is not viable or maintainable because the legal framework for caveats is established in the civil domain through the CPC and no corresponding provisions exist in the CrPC for criminal proceedings.

This ruling underscores the separation of procedures and legal principles between civil and criminal cases, as well as the importance of adhering to the specific legal provisions applicable to each type of case.

Right and Duties

Let’s break down the rights and duties of the caveator, the court and the applicant when a caveat is filed:

Rights and Duties of the Caveator under CPC

The caveator, as per Clause (2) of the section, must serve a notice of the caveat to the person who has made or is expected to make an application that is relevant to the caveat in CPC.

When filing the caveat, the caveator declares one of the following: either there is a current suit where an application is anticipated or there is an ongoing application within a suit and they wish to be represented. Alternatively, they may state that a future suit will be filed and within that suit, an application is expected and they desire representation.

Before becoming entitled to notice, the caveator must provide a notice to the person from whom they expect the relevant application. This notice should be sent via registered post and serves as an alert to the applicant that a caveat under CPC has been filed.

Rights and Duties of the Court

The court’s duty is triggered once a caveat is lodged and notice is served upon the applicant. According to Clause (3) of the Section, after a caveat has been lodged, if any application is subsequently filed in any suit or proceeding within the next 90 days, the court is obligated to serve a notice on the caveator.

This means that if, after filing the caveat under CPC, an application is made within the next 90 days, the court must inform the caveator by serving them notice. This allows the caveator the right to be heard before the court in relation to the application.

Rights and Duties of the Applicant

In addition to the court providing notice, the applicant is also responsible for serving a notice to the caveator, informing them that an application pertaining to the filed caveat in CPC has been submitted.

Clause (4) of the section directs the applicant to furnish the caveator with a copy of the application they have made, along with any other supporting documents or papers they have filed in support of their application.

The court will not proceed with the application unless the applicant submits an affidavit confirming that they have served a notice to the caveator.

Case Laws on Caveat under CPC

The case of Smt. Gangamma vs. Sri G. Dayanandha on November 28, 2017, in the Karnataka High Court determined that the properties listed in the plaintiff’s schedule and the properties mentioned in the caveat petition were entirely different. Consequently, the defendant’s petition, in which they claimed the right to appear before the court regarding this matter, was viewed as an attempt to protect the caveat petition’s scheduled property from potential interference or danger. As a result, the court rejected the defendant’s memorandum.

In the case of Yaseen and 4 Others vs. Mahendra Yadav, Naib Tehsildar, on October 7, 2020, the Allahabad High Court clarified that the 90-day period during which caveats filed under Section 148-A of the Civil Procedure Code remain in force should exclude any period affected by lockdowns or disruptions in the functioning of courts and tribunals. This ruling acknowledges that external factors such as lockdowns and court disruptions can affect the time limitations associated with caveats and thus, these periods should not be counted toward the 90 days.

Conclusion

A caveat in CPC is a legal notice filed in anticipation of a legal action. It serves as a precautionary measure, warning that no decisions or actions should be taken by the court without informing the caveator.

This mechanism safeguards the rights and interests of individuals or entities involved in legal proceedings, ensuring they have the opportunity to be heard before any judgments or orders are passed. Caveat under CPC helps maintain transparency, fairness, and due process within the legal system, allowing parties to protect their positions and participate effectively in the resolution of disputes.