Introduction
The objective of Section 148A of the Code of Civil Procedure is the protection of a person from any ex-parte orders likely passed against him/her in any case proceedings.
As per Section 148A, a party contemplates the making of an application, in a suit or proceeding instituted or about to be instituted in court. Any such party holds the right to appear before the court on the hearing of such and application; and consequently may lodge a caveat in respect thereof.
Meaning
The derivation of the expression caveat is from the Latin language, meaning “beware”. Thus, caveat application acts as a precautionary measure a party takes to ensure that the court doesn’t take any action or grant any relief to the applicant; without provision of a notice to the party lodging the caveat.
The caveator (i.e., party lodging the caveat application) is required to serve a copy of the application on the person who is likely to file or has filed an application in any suit or proceedings. The caveator shall serve a notice of the caveat by registered post, acknowledgment due (RPAD).
Working of Caveat
No particular form of caveat has been prescribed under the Code. Therefore, the drafting of the same is done in the form of the application; wherein the caveator specifies the nature of dispute or proceedings which the opposite party may make contemptibly; and the right of the caveator to appear before the court on the hearing of any such application.
On sending the caveat application by RPAD , the post office issues a postal receipt. Affixing of this receipt to the caveat application is a requirement.
The caveat application must also state the details of the opponent such as full name, address, etc.
A caveat lodged as per Section 148A of the CPC remains in force for ninety days from the date of its filing.
Where a party contemplates that the other party may apply for one of the two courts exercising concurrent jurisdiction then the party can file caveat application before both the courts. There is no restriction as to the number of caveat applications that can be preferred by the caveator.
If no suit/application is filed against the caveator as apprehended during the validity of the caveat application; and if caveator apprehension continues that the opposite party may obtain ex- parte orders; then the caveator can file a fresh caveat application. As mentioned already there is no restriction on the number of caveat applications that can be preferred by the caveator. After ninety days, the caveator can file a fresh caveat application; and continue to do so as long as the apprehension continues.
0 Comments