Introduction
A caveat is a legal notice filed by an individual to prevent another person or entity from taking any legal action or obtaining an order without giving notice to the person who filed the caveat. A caveat application can be filed under Section 148A of the Civil Procedure Code, 1908 (CPC) in India.
Section 148A of the CPC was inserted in 1976 to provide a legal remedy to the parties who have an interest in a particular suit or proceedings. It allows a person who has an interest in the subject matter of a suit to file a caveat application to be informed of any application or suit filed in a court concerning the same subject matter.
Under Section 148A of the CPC, a caveat application can be filed by any person who has an interest in the subject matter of a particular suit or legal proceeding. The person filing the caveat application is known as the ‘caveator’, and the person against whom the caveat is filed is known as the ‘respondent’.
A caveat application is generally filed in situations where the caveator anticipates that the respondent may file a suit or an application in a court of law against the caveator. By filing a caveat application, the caveator ensures that the respondent cannot obtain an ex-parte order without informing the caveator.
The process of filing a caveat application involves the following steps:
- Drafting the caveat application: The caveat application must be drafted in the prescribed format and should contain the details of the parties involved, the subject matter of the suit or proceeding, and the grounds for filing the caveat.
- Filing the caveat application: The caveat application must be filed in the relevant court along with the prescribed court fee. The application must be filed within the prescribed time limit, which is generally 90 days from the date of the issuance of the notice.
- Serving the notice: Once the caveat application is filed, the court will issue a notice to the respondent. The respondent must then file a reply to the caveat application within the prescribed time limit, failing which the caveat may be made absolute.
- Hearing of the matter: If the respondent files a reply to the caveat application, the court will hear both parties and decide whether to allow the caveat or dismiss it.
In conclusion :
A caveat application can be filed under Section 148A of the CPC by any person who has an interest in the subject matter of a particular suit or legal proceeding. The application must be filed in the relevant court within the prescribed time limit and in the prescribed format. Once the application is filed, the respondent is served a notice, and the matter is heard by the court. By filing a caveat application, the caveator ensures that they are informed of any legal action or order concerning the subject matter of the suit or proceeding.