Description

Section 148A of the Code of Civil Procedure (CPC) provides an individual the right to lodge a caveat in a civil suit or legal proceeding. A caveat is a formal notice or warning to the court or a party regarding a potential legal proceeding. In simple terms, it gives the person lodging the caveat the right to be informed if a specific legal action is going to be taken that might affect their interests. It ensures that the party lodging the caveat has an opportunity to contest the application or proceeding.

Key Provisions of Section 148A:

1. Right to Lodge a Caveat:

   • Section 148A allows any person who has a direct interest in the outcome of a suit or proceeding to lodge a caveat with the court. A caveat is a formal entry made in the court's records, informing the court that the person lodging the caveat should be notified in the event that a legal order is sought that may affect their rights.
   • This provision gives an individual the opportunity to oppose the granting of certain reliefs, orders, or decrees that may be sought by another party without their knowledge.

2. What Is a Caveat?

   • A caveat is essentially a notice filed in a case indicating that the person who filed it wishes to be informed about the proceedings. It is not a full-fledged defense to the proceedings but serves as an alert to the person lodging it about any application or order being made in the case.
   • In practical terms, if a party intends to take some action that may affect the rights of a person who has filed a caveat, the party must notify the caveator (the person who lodged the caveat) before proceeding.

3. Who Can File a Caveat?

   • Any person who is directly interested in the matter can lodge a caveat. This might include individuals whose rights could be adversely affected by a judgment or order in the proceeding. For example, if someone is likely to be impacted by the granting of an injunction, attachment, or injunction order, they can file a caveat to ensure they are notified.
   • It is important to note that lodging a caveat is not limited to parties to a suit but extends to any individual who may be affected by a particular decision in the case.

4. Procedure for Lodging a Caveat:

   • A caveat must be filed with the court where the matter is pending, and it must be in writing. The person lodging the caveat must also provide details of the case and the specific relief they are concerned about.
   • The caveat should contain the name of the person filing it, the particulars of the suit or proceedings, and a request that the caveator be informed if an application is made to the court for any relief or order.
   • The court must record the caveat in its official record and notify the caveator of any actions or orders taken by the court that might affect their rights.

5. Effect of Lodging a Caveat:

   • Once a caveat is lodged, no order that adversely affects the caveator’s rights will be passed without notifying the person who has lodged the caveat. The caveator has the right to appear before the court if an order or application is made and oppose it.
   • This provision allows the caveator to intervene at an early stage in the proceedings if an application is made that might impact them.

6. Duration of the Caveat:

   • The caveat will remain effective for a period of 90 days from the date of filing. After the expiry of this period, the caveat is automatically revoked unless it is renewed. Therefore, if the person lodging the caveat wishes to continue being informed, they must renew the caveat before the expiry of the 90 days.

7. Revocation of Caveat:

   • The caveat can be revoked or withdrawn by the person who filed it at any time. If the party who filed the caveat no longer wishes to be informed of the proceedings or decides to withdraw from contesting, they can apply for its revocation.

Punishment

Section 148A does not prescribe specific punishments. However, the failure to notify the person who has lodged a caveat before taking action could result in the order or relief being set aside or reversed. The court may also view the lack of compliance with the caveat procedure as an irregularity or breach of fair procedure, potentially impacting the legitimacy of the proceedings.

If an application is made contrary to the caveat, the court may not proceed with the order unless the person who lodged the caveat has been properly informed and given an opportunity to contest the application.