Caveat Petition

Overview

A Caveat is a Latin term which means ‘let a person beware’ originated in the mid 16th century. In law, it may be understood as a notice, especially in probate, that certain actions may not be taken without informing the person who gave the notice. It may simply be understood as a warning. In the Civil Procedure Code of 1908 (hereinafter, the Code) it was inserted under section 148A by the recommendations of the Law Commission of India’s 54th Report and was inserted by the CPC (Amendment) Act 104 of 1976.

Caveat petition can be filed by any individual claiming a right to appear before the court, where an application is anticipated to be made, where an application is already made, in a suit or the proceeding instituted, in a suit or proceeding which is going to be instituted.

Who may lodge a Caveat?

Any person claiming a right to appear before the Court,

  • 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

Duties of the Caveator

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.
 

What happens after filing Caveat?

  • Once caveat petition filed in court, the Caveator is informed when a case is filed. According to law, “the Court shall serve the notice of the application on the Caveator (person initiating caveat petition)”, which makes it compulsory not discretionary.
  • The court can serve a notice of the caveat through registered post acknowledgement due on the individual by whom the application has been made, and on the individual by whom the application is expected to be made. The caveat notice is served on the applicant. He or she can then furnish the caveat expenses, with an application copy made by him or her along with copies of any supporting documents or papers.