CAVEAT
Caveat in Latin means "let him beware" and comes from the verb cavere, meaning "to be on guard."
CAVEAT IN LAW: A caveat is a formal notice that warns a court or opposing party that a person has an
interest in a matter and wants to be heard before any decisions are made. The purpose of a caveat is to protect the
rights of the person filing it.
A caveat is a precautionary measure that can be taken against the grant of probate or letters of administration.
The person filing a caveat is called the caveator.
The caveator is given time to get legal advice or evidence before any decisions are made.
The court must notify the caveator if the opposing party files an application in a suit or proceeding.
Uses of a CAVEAT: A person might file a caveat if they anticipate being sued and fear an adverse ruling in
their absence. A caveat can also be used to protect rights or interests.
1. The caveator files a caveat, which is a warning to the court not to take any action without notifying
the caveator.
2. If the other party files an application, the court will send a notice to the caveator.
3. The other party will send the caveator a copy of the application and any documents filed in
support.
4. The caveator can respond or oppose the application.
Expire of CAVEAT: A caveat is valid for 90 days from the date it was filed. If an application is filed after 90
days, the court does not need to notify the caveator.
CAVEAT petition holdings: The caveat petition should include the names of the court, the caveator, and
possible applicants. It should also include the address of the caveator and the applicant.
Benefits of a CAVEAT: Protection of Rights: A caveat acts as a protective measure to safeguard the rights
and interests of the caveator. It prevents ex parte orders, where a decision is made without hearing both parties, and
ensures that the caveator has a chance to present their arguments and evidence.
CAVEAT UNDER CPC (CIVIL PROCEDURE CODE)
A Caveat is a right given to a person in civil proceedings to avoid ex-parte orders or judgements.
Under the civil procedure code, the provision of Caveat is dealt with is dealt with in section-148A. The main object of the
Caveat is to ensure that the court does not pass ex-parte orders and that the interests of the caveator are protected.
Caveat also reduce the burden of court and brings an end to the litigation as it reduces the multiplicity of proceedings.
Filing of CAVEAT: A Caveat under section-148A shall be signed by the caveator or his advocate. Where the
caveator is represented by an advocate, it should be accompanied by his Vakalatnama. The caveat presented shall be
registered in a caveat register maintained by the courts in the form of a petition or any other form that may be
prescribed. The register of caveat contains the date of caveat, name, and address of caveator, name of the plaintiff, the
name of the defendant, and date and number of proceeding filed as anticipated by caveator. A caveat is always filed
with a copy, the postal proof and an application explaining to the court that a copy the postal proof and an application
explaining to the court that a copy of the caveat has been sent to all the parties and thus the court need not to do the
same. Even though the court fees of filing a caveat varies from different courts. The rules and format of the caveat are
similar for most of the courts.
NOTICE: If subsequent to the filing of a caveat, any application is made in any suit legal proceeding, the court is
required to give notice about such an application to the caveator. When a notice has been served on the applicant, the
applicant at the expense of the caveator is required to provide the caveator with a copy of the application made by him
along with any document that may have been submitted with the application. If the court or applicant ignores the caveat
and does not inform the caveator, the decree or judgement becomes null or void.
