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Caveat

Caveat

The term 'caveat' is not defined in the Code. Section 148-A of the Code provides for lodging of caveat. The term is derived from Latin which means 'beware'. It may be defined as a caution or a warning to the court not to take any action or grant any relief to the applicant without notice being given to the party lodging the caveat and interested in objecting to such relief. The person filing a caveat is called 'caveator'.

Section 148-A was inserted by the Amendment Act of 1976. It provides that where an application is expected to be made, or has been made, in a suit or proceedings 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 of it.

Object: The object of lodging caveat is two-fold:-

1. Safeguard the interest of a person against an order that may be passed on an application field by the party in a suit or proceeding instituted or about to the instituted. It affords an opportunity to such party of being heard before an ex-parte order is made.

2. To avoid multiplicity of proceedings otherwise the person who is not a party to the application and adversely affected by such order has to take recourse to e to legal proceedings to get rid of such order.

Who may lodge a caveat: Section 148-A (1) provides that caveat can be lodged by the person claiming a right to appear before the court on hearing of the application which the applicant might move for grant of relief.

Duties of caveator: Section 148-A(2), impose a duty on the caveator to serve a notice of the caveat lodged by him by post on the person by whom an application against the caveator for interim order is expected to be made.

Rights of caveator: Section 148A confers following rights upon the caveator:

1. Once the caveat is lodged, it will be the duty of the court to issue notice of the application so filed on the caveator [Section 148A (3)]. This duty is cast to enable the caveator to appear and contest the application in which the caveat is filed.

2. A duty is also imposed upon the applicant to furnish, at caveator's expense, the copy of application made by him along with other documents on which he relies [Section 148A (4)].

Time limit: A caveat lodged under Section 148-A is valid for 90 days from the date of filing referred to under Section 148-A(1). [Section 148-A (5)]

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