Caveat in CPC | Civil Law for Judiciary Exams PDF Download

Introduction

• A caveat in CPC is a preventive legal notice that safeguards the rights and interests of individuals in legal proceedings.
• It ensures fairness and due process by providing parties with the opportunity to present their case before the court proceeds.

Caveat under Section 148A of CPC

• The term "caveat" means "let a person be aware" and serves as a warning to prevent actions without notifying the issuing party.
• In the case of Nirmal Chand v. Girindra Narayan, a caveat was defined as a warning from an individual to the court, ensuring no orders are issued without informing the caveator.
• The caveator files a caveat to prevent ex parte orders and protect their interests during legal proceedings.
• A caveat minimizes court workload and expedites dispute resolution by avoiding separate legal actions.

Understanding the Timing for Filing a Caveat in CPC

• Individuals are granted the right to lodge a caveat under Section 148A of the Civil Procedure Code (CPC) when they suspect the initiation or filing of a case against them in any court.
• A caveat in CPC can be submitted in the form of a petition under the following circumstances:
• 1. When there is an ongoing lawsuit or legal proceeding, and either an application has already been submitted or is expected to be.
• 2. When a lawsuit is about to be initiated, and it is anticipated that an application will be filed in that lawsuit.

In essence, a caveat always relates to an application within a lawsuit or legal proceeding. This could involve situations where the lawsuit is either ongoing or anticipated in the future. In all such scenarios, individuals have the right to lodge a caveat to protect their interests and ensure they are informed about any potential legal actions.

Who May Lodge a Caveat under CPC?

• Any individual, even if not directly involved in the lawsuit, can file a caveat under Section 148A of the CPC.
• The person filing the caveat must have a legal right to present themselves before the court regarding the specific lawsuit.
• A third party can lodge a caveat if they have some connection or involvement with the lawsuit.
• A caveat cannot be submitted by a person with no meaningful connection to the case.

In the case of Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma, it was established that only those with a legitimate connection to the case can lodge a caveat.

Section 148A of the CPC states

• Any person claiming a right to appear before the court on an application in a suit can lodge a caveat.
• The caveator must serve a notice of the caveat to the applicant by registered post.
• If an application is filed in the suit, the court must notify the caveator.
• The applicant must provide the caveator, at the caveator's expense, with a copy of the application and supporting documents.
• A caveat expires after ninety days unless the application is made before the expiry.

Where to Lodge a Caveat?

• Caveats in the Civil Procedure Code (CPC) can be lodged in various types of courts when the caveator anticipates legal proceedings against them shortly.
• These courts include:
  • Civil Courts with original jurisdiction
  • Appellate Courts
  • High Courts
  • Supreme Court
• Civil Courts comprise a variety of judicial bodies such as:
  • Courts of Small Causes
  • Tribunals
  • Forums
  • Commissions
• In the case of Deepak Khosla v. Union of India & Ors, it was established that:
  • Section 148A of the Civil Procedure Code is exclusively applicable to civil proceedings.
  • Caveats cannot be lodged against petitions under the Criminal Procedure Code or petitions under Article 226 of the Constitution of India.

How to File a Caveat under CPC?

• Signing the Document:
  • For filing a caveat under Section 148A, the caveator or their advocate must sign the document. If represented by an advocate, a Vakalatnama is necessary.
• Registration Process:
  • The caveat is registered in a designated CPC register by the courts. This includes essential information like the date, names and addresses of involved parties, and anticipated proceedings details.
• Documentation and Fees:
  • When filing, include a copy of the caveat, postal proof of sending it to relevant parties, and an application confirming the same. Court fees vary but are generally nominal.
  • Rules are consistent across courts regarding format and submission.
• Filing in Delhi High Court:
  • Preparation:
    • Draft a petition outlining case details and concerns, with an accompanying affidavit signed by the caveator.
  • Supporting Documents:
    • Include a Vakalatnama if represented by an advocate and any relevant impugned order related to the case.
    • Provide proof of service of notice of the caveat to all relevant parties.
  • Submission:
    • Submit the signed petition, affidavit, Vakalatnama (if applicable), impugned order, and proof of service of notice to the Delhi High Court.

Understanding the Contents of a Caveat

• Name of the Caveator: This refers to the individual or entity who is submitting the caveat.
• Address of the Caveator: The location where the caveator can be reached for communication.
• Name of the Court: The specific judicial body where the caveat is being formally lodged.
• Suit and Appeal Information: If relevant, this section includes details such as the lawsuit number and any associated appeal numbers.
• Brief Overview of the Suit or Appeal: A concise summary outlining the nature of the anticipated legal action.
• Names of Likely Plaintiffs/Appellants and Respondents: The identification of potential parties involved in initiating or responding to the legal proceedings.

Understanding Caveats in Civil Procedure Code (CPC)

• Notification Process: When a caveat is lodged in court under the CPC, the court is obligated to inform the caveator about the application. Subsequently, the applicant must furnish the caveator with a copy of the submitted application and any accompanying documents.
• Importance of Notification: It is crucial to follow these notification procedures diligently. Failure to do so can lead to severe repercussions. If the court or applicant neglects to notify the caveator as mandated, any judgment or decree issued may be rendered null and void.
• Ensuring Fair Participation: Adhering to the rules regarding caveats in legal proceedings is essential for ensuring fairness. This adherence guarantees that all involved parties have an equal opportunity to participate in the legal process and present their arguments effectively.

Time Period of Caveat

• Caveats are usually submitted after a court has issued a judgment or order as a precautionary step by a party expecting potential legal actions post the court's decision.
• In unique circumstances, a caveat can be lodged in CPC before a judgment or order is delivered, typically when there's a strong belief that such a decision is imminent and the caveator wants to be ready to participate in the proceedings.
• Once filed in CPC, a caveat is valid for 90 days from the filing date. Subsequently, a new caveat petition can be filed if required, ensuring the caveator stays informed and involved in the legal matters.
• Filing a fresh caveat petition safeguards the caveator's interests, especially in prolonged legal disputes, allowing them to stay updated and engaged in the proceedings.

Understanding the Viability of Caveat Application in Criminal Cases to Challenge Accused's Interim Order Request

Court's Analysis in Deepak Khosla Vs. Union of India & Others Case

• In the mentioned case, a Division Bench of the High Court carefully reviewed the Civil Procedure Code, 1908, and the Code of Criminal Procedure, 1973.
• The court highlighted that Section 148A of the CPC specifically governs civil suits in civil courts, emphasizing the distinction between civil and criminal proceedings.

Consensus with Previous Judgments

• The court aligned with decisions from the Kerala High Court and the Rajasthan High Court in cases like Harikishan Vs. Jacob and Sahab Ram & Anr.
• These cases reinforced the idea that the CPC and CrPC serve distinct purposes, offering procedural guidelines for civil and criminal cases, respectively.

Absence of Caveat Provision in CrPC

• While the Civil Procedure Code explicitly mentions the provision for caveats in civil cases, no parallel provision exists within the Code of Criminal Procedure.
• Consequently, the court concluded that initiating a caveat in a criminal case is not feasible, as the legal basis for caveats is established solely in the civil domain through the CPC.

Emphasizing Legal Distinctions

• This ruling underscores the critical separation of legal procedures and principles between civil and criminal cases.
• It stresses the importance of adhering to specific legal provisions relevant to each type of legal matter.

By dissecting the distinctions between civil and criminal legal frameworks, this case serves as a prime example of how legal procedures are tailored to suit the unique requirements of civil and criminal cases separately.

Understanding Rights and Duties in the Context of Caveats

Rights and Responsibilities of the Caveator under the Civil Procedure Code (CPC)

• When a caveat is filed, the caveator is required to serve a notice to the relevant party involved in the application process, as outlined in Clause (2) of the CPC.
• The caveator must declare the nature of the suit or application, indicating their intention to be represented or to file a future suit, thereby requiring representation.
• Prior to receiving notice, the caveator must alert the concerned party via registered post about the filed caveat under CPC.

Court's Obligations and Functions

• Upon lodging a caveat and serving notice to the applicant, the court is mandated to inform the caveator if an application is made within the following 90 days, as per Clause (3) of the Section.
• This ensures that the caveator has the opportunity to present their case before the court regarding the application made post the filing of the caveat.

Responsibilities of the Applicant

• Alongside the court's notice, the applicant must also inform the caveator about the application related to the filed caveat under CPC.
• As per Clause (4) of the section, the applicant must provide the caveator with a copy of the application and accompanying documents to support their case.
• The court's processing of the application is contingent upon the applicant confirming the provision of notice to the caveator through an affidavit.

In this lesson, we have delved into the rights and duties of the caveator, the court, and the applicant when a caveat is filed. Understanding these roles is crucial in the legal landscape to ensure fair representation and due process in legal proceedings.

Case Laws on Caveat under CPC

• Smt. Gangamma vs. Sri G. Dayanandha Case (2017): In this Karnataka High Court case, it was found that the properties listed in the plaintiff's schedule differed from those mentioned in the caveat petition. The defendant's attempt to protect the properties in the caveat petition from potential harm by claiming the right to appear before the court was dismissed by the court.
• Yaseen and 4 Others vs. Mahendra Yadav Case (2020): The Allahabad High Court clarified that the 90-day period of caveats filed under Section 148-A of the Civil Procedure Code should not include periods affected by lockdowns or disruptions in court operations. This ruling recognizes that external factors like lockdowns can impact the time limits associated with caveats, and these periods should not count towards the 90-day limit.

Conclusion

• In conclusion, a caveat in CPC functions as a preemptive legal notice filed in anticipation of forthcoming legal actions. It serves as a preventive measure, signaling that the court should not make decisions or take actions without notifying the caveator.
• This procedural step acts as a protective shield for the rights and interests of those engaged in legal proceedings, guaranteeing them the chance to present their case before any judgments or orders are issued. The caveat under CPC contributes to transparency, fairness, and due process in the legal system, empowering parties to safeguard their positions and actively participate in the resolution of disputes.