Introduction

In legal matters, the term "caveat" holds significant importance. It is a legal mechanism that can provide protection and ensure that your interests are safeguarded. Whether you are involved in property transactions, probate matters, or any situation where you want to assert your rights or claim, lodging a caveat can be a crucial step. In this blog, we will explore the meaning of caveats, discuss when and how to lodge them, and provide insights into their significance.

Meaning of Caveat

In legal terms, a caveat is a formal notice or warning that is lodged with the relevant authority to prevent certain actions from being taken without the knowledge or involvement of the person who lodged it. Essentially, it is a preventive measure to secure the rights and interests of individuals until a dispute or claim is resolved. Caveats are commonly used in property transactions, probate matters, intellectual property disputes, and other legal contexts.

Who may file a Caveat

Any person who will be impacted by an interim order that is expected to be granted on an application that is anticipated to be made in a lawsuit or proceeding that has been or is about to be filed in court may file a caveat. According to Section 148 A, where an application has been or will be made in an action or procedure commenced or about to be commenced in a Court. Any individual asserting a right to come before the Court during the hearing of the aforementioned application may do so by filing a caveat.

A person who is unfamiliar with the proceedings cannot file a caveat, according to the court's ruling in Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma (AIR 1991 Ker 411). A person who supports the applicant's request for temporary relief likewise cannot submit a caveat. A caveat must be registered in the caveat register kept by the court in the form of a petition or any other form prescribed by the court, and it must be filed with a copy by the caveator or by an advocate acting on his behalf.

Limitation Period of Caveat

After the court has rendered a decision or issued an order, a caveat is filed. A caveat is, however, entered prior to the pronouncement of the judgement or the issuance of the order in several unique instances. Upon filed, the caveat will be in effect for 90 days. Fresh Caveat Petition may be filed after 90 days.

Notice of Caveat

An application of notice is served by the court to the caveator on the event of filling of caveat. At the point when a notice has been served on the applicant, the applicant at the expense of the caveator is needed to give the caveator a copy of the application made by him alongside any document that has been submitted with the application. If, in the event that the court or applicant disregards the caveat and doesn't notify the caveator, the pronounced judgment or decree passed gets null and void.

Scenarios for Filing a Caveat

1. Probate and Succession Matters: In cases involving wills, estates, or probate, interested parties can file a caveat to prevent the grant of probate or letters of administration without their knowledge.

2. Family and Matrimonial Matters: Parties involved in divorce, custody, or other family-related cases may file a caveat to avoid any unilateral orders from the court.

3. Property and Land Disputes: In disputes related to property or land, a caveat can be filed to safeguard against any unexpected orders affecting the property rights.

4. Intellectual Property Rights: In cases involving intellectual property, such as trademarks or patents, parties can file a caveat to prevent infringement claims from being decided without their input.

Where Can a Caveat be Lodged?

The specific authority or institution where you can lodge a caveat depends on the nature of the claim or dispute. Typically, caveats are lodged with government bodies or courts that have jurisdiction over the matter. For property-related issues, caveats are usually lodged with the land registry or relevant land office. In probate matters, caveats are often lodged with the probate court or the relevant authority responsible for administering estates. Intellectual property disputes may require caveats to be lodged with trademark or patent offices.

Procedure for Filing a Caveat

Filing a caveat is a formal legal process and must adhere to the prescribed guidelines under the Civil Procedure Code. The steps to file a caveat generally include:

1. Drafting the Caveat: The caveator must prepare a written statement specifying the case number, parties involved, relevant facts, and reasons for filing the caveat.

2. Submission to the Relevant Court: The completed caveat is then submitted to the appropriate court with the necessary filing fees.

3. Acknowledgment by the Court: The court issues an acknowledgment after receiving the caveat, which is then sent to the caveator.

4. Validity Period: Caveats are time-bound and are usually valid for a specific period (e.g., 90 days). The caveator must renew the caveat if they wish to continue its effect beyond this duration.

Rights and Duties of Court

Once the caveat is filed and the applicant has received notice, the court has an obligation to act. According to Section 3 clause (3), the court must provide the caveator notice whenever an application is made in a lawsuit or other procedure after a caveat has been filed. This means that the court will serve a notice to the caveator informing him that the application that was anticipated by him has been filed and the caveator thereby has the right to be heard before the court once the caveator has filed the caveat stating I want to be represented and after that, an actual application has been filed within the next 90 days.

Rights and Duties of an Applicant

The Caveator must additionally receive notice from the applicant that an application regarding the caveat filed has been made, in addition to receiving notice from the court. According to section 4(4), the applicant must give the caveator a copy of the application he submitted as well as any other papers or documents he may have used to support it. If the applicant does not present an affidavit stating that the caveator has been served with notice, the Court will not proceed with the case.

Some Recent Case Laws

Smt Gangamma vs Sri G Dayanandha on 28 November, 2017 Karnataka High Court held that the plaint schedule property and the caveat petition schedule property are entirely different. thus, petition filed by defendant claiming a right to appear before the Court on the hearing of such matter had apprehended danger and interference to the caveat petition schedule property and accordingly had filed caveat to protect the caveat petition schedule property. Therefore, memo filed by the defendant was rejected.

According to a ruling by the Allahabad High Court in Yaseen and 4 Others vs. Mahendra Yadav, Naib Tehsildar, on October 7, 2020, The 90-day period during which the caveats filed under Section 148-A CPC remain in force shall exclude the lockdown period and the period in which the functioning of courts and tribunals has remained suspended or disturbed.

Conclusion

The concept of a caveat in the Civil Procedure Code serves as a protective shield for parties involved in legal disputes. By filing a caveat, individuals and entities can ensure that they are not caught unaware of any court decisions that may affect their rights or interests. As an essential aspect of the legal process, caveats play a vital role in upholding the principles of justice, fairness, and due process in civil proceedings. Parties must exercise this powerful tool judiciously and responsibly to safeguard their interests in the complex landscape of the legal system.

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