Date: 7th February, 2021
by Sakshi Verma, UILS, Panjab University
The word ‘Caveat’ is originally a Latin word which means ‘let the person beware’. In Indian law, there are provisions relating to ‘Caveat’ under Section 148A of the Civil Procedure Code,1908.
SECTION 148A OF THE CIVIL PROCEDURE CODE, 1908
Section 148A was incorporated by the recommendations of the Law Commission of India's 54th Report and was inserted by the CPC (Amendment) Act 104 of 1976.
Section 148A defines caveat petition as a precautionary measure taken by a person who holds a strong fear or uneasiness that some or the other case against him/her is going to be filed in the court of law regarding any manner.
WHEN IS CAVEAT FILED?
A Caveat should be filed in the higher Court as early as possible from the date of Pronouncement of Judgment of the lower court, so that the Court gives the Caveator a fair hearing before deciding any matter brought before it in the relevant case.
As per Clause 5, the life of a caveat petition is 90 days from the date of lodging the petition.
DUTIES OF A CAVEATOR
1.Clause 2 states the duties of a caveator. A caveator is a person who has lodged the caveat. Caveator needs to serve the notice of caveat by an acknowledgement due and registered post either on the person who has made the application or is expected to make an application.
2.Clause 3 states the duty of the court in case of caveat petition. Once a caveator lodges a caveat under clause 1, wherein any application is filed in a proceeding or suit then the court will serve a notice of the application on the caveator.
DUTIES OF THE APPLICANT/PERSON FILING THE CAVEAT
Clause 4 states the duties of the applicant. Once the notice of any Caveat has been served on the applicant then he/she needs to mandatorily present the following documents on Caveator’s expense:
Application copy made by applicant,
Copy/copies of document or any paper filed by the applicant supporting his/her application,
Copy/copies of document or any paper which may be filed by the applicant supporting his/her application.
For instance, on November 3,2020 The Future group filed caveat petition in the Delhi High Court against Amazon, anticipating that the company could approach the high court over the Future group-Reliance deal.
The caveat petition, filed on Monday, prayed that no order should be passed in any plea or petition against Future group without due notice to it and hearing it in the matter.