What is a Caveat?
A caveat is a legal notice filed by someone who anticipates that another person may initiate legal action against them. It is a formal request to the court to not issue any orders in such matters without first giving the caveator (the person lodging the caveat) an opportunity to be heard.
Simply put, a caveat acts as a warning or protective step that says, “Don’t proceed without informing me.”
Legal Basis: Section 148A of the Civil Procedure Code (CPC), 1908
The right to lodge a caveat comes from Section 148A of the Code of Civil Procedure, 1908. This section allows any person expecting a legal proceeding or application to be filed against them to take preventive action by filing a caveat.
Moreover, the provision reinforces the principle of natural justice—no one should be condemned unheard.
Who Can File a Caveat?
Anyone with a legal interest in a matter can file a caveat. This includes:
- A party to an existing or anticipated dispute
- A person who may be affected by future legal proceedings
- Even someone indirectly concerned, like a legal heir in a probate matter
For example, if a person suspects that another might file a succession petition regarding a property, they can file a caveat to ensure their side is heard before any court order is passed.
When Should You File a Caveat?
It is important to file a caveat before the expected application is submitted to the court. Once filed, the caveat stays valid for 90 days. If no application is made within this period, the caveat expires. However, the caveator can refile it as needed.
Therefore, acting early gives you an edge in protecting your position in the matter.
How to Lodge a Caveat: Step-by-Step
The process is simple yet effective:
- Draft the caveat petition with all relevant details, including the case or matter you’re anticipating.
- Submit it to the appropriate court where the application is expected to be filed.
- Serve notice to the person or party who is likely to approach the court.
- Attach proof of service with your filing to comply with procedural rules.
- Pay the required court fee, which is nominal in most jurisdictions.
Thus, a caveat offers legal coverage with minimal effort.
What Happens After Filing a Caveat?
Once you lodge a caveat, the court is legally bound to:
- Inform you before hearing the other side’s application
- Avoid passing any ex parte orders without your input
- Ensure you receive a copy of the application filed by the opposing party
This ensures fair play and prevents misuse of legal procedures.
Does Filing a Caveat Imply Wrongdoing?
Not at all. Filing a caveat does not suggest guilt or liability. Rather, it indicates that the person is aware of potential legal risks and wants to protect their rights. In fact, it shows legal foresight and preparedness.
Important Case Law:
In Krishna Kumar Birla v. Rajendra Singh Lodha (2008), the Supreme Court ruled that even individuals with a potential interest in a will could file a caveat in probate proceedings. This case broadened the scope of who qualifies to lodge a caveat.
Similarly, courts have recognized that caveats serve as checks against unilateral legal actions, particularly in family and property disputes.
