Civil Procedure Code & Limitation Act LSF – 13

Answer to Question: Caveat (Section 148A, CPC)I. Introduction to CaveatCaveat, as provided under Section 148A of the Civil Procedure Code (CPC), is a legal provision that allows a person to give notice to the court that they should not pass any order affecting them without hearing them first.II. Key Features of Caveat (Section 148A)A. Filing of Caveat: A person who fears that a case against them might be filed in a court of law can file a caveat in the relevant court.B. Notice Requirement: After a caveat is filed, the court is required to serve a notice to the caveator (the person who has filed the caveat) before passing any order or judgment.C. Duration: The caveat remains valid for a period of 90 days from the date of its filing.D. Purpose: The primary objective of filing a caveat is to safeguard the interest of the person who anticipates legal action against them, ensuring they are heard before any ex-parte order is passed.E. Application: It applies in a wide range of cases, including civil suits, appeals, and certain applications.III. Procedure and EffectsA. Procedure:

  • Submission of Caveat: The caveator must submit the caveat petition in the prescribed format along with the necessary court fees.Details Required: The petition should contain details of the case or matter in respect of which the caveat is being entered.
  • B. Effects:
  • No Ex-Parte Orders: The court is prevented from passing any ex-parte order against the caveator without first giving them an opportunity to be heard.Fair Hearing: Ensures that the interests of the caveator are not compromised by an unanticipated judicial decision.
  • IV. ConclusionIn summary, the concept of a caveat under Section 148A of the CPC is an important procedural tool in civil litigation. It serves to protect individuals from adverse judicial orders passed without their knowledge, ensuring the principles of natural justice and fair hearing are upheld in legal proceedings​​.