Caveat in CPC
Caveat under CPC
1. What is a Caveat?
A caveat is a formal notice or warning filed by a party in a court to alert the court and other parties that no order should be passed in any suit or proceeding without giving the caveator (the person filing the caveat) an opportunity to be heard first.
In other words, it is a precautionary measure by which a party asks the court to inform them before taking any adverse action or passing any ex parte order.
2. Legal Provision Governing Caveat:
The provisions regarding caveat are found under Order XXXVII Rule 4A of the CPC.
3. When is Caveat Filed?
Caveat can be filed before the institution of a suit or proceeding or during the pendency of any suit or proceeding.
It is generally filed by a party who fears that the other party might approach the court and obtain an ex parte order without giving them a chance to be heard.
Typical situations include injunction applications, summary suits, or any urgent application where the other side might get a temporary order.
4. Purpose of Caveat:
To protect the interest of the caveator by ensuring that no ex parte order is passed without notice.
To ensure natural justice by allowing the caveator to be heard.
To prevent abuse of process and misuse of the court’s power.
5. Procedure of Filing Caveat:
The caveat must be filed in the court registry where the suit or proceeding is likely to be instituted.
It should contain details of the parties and the reliefs sought.
The caveat is valid for a period of 90 days from the date of filing.
The caveator must pay the prescribed fee.
6. Effect of Caveat:
Upon receipt of a caveat, the court must inform the caveator before hearing any ex parte application or passing any ex parte order.
The caveat holder has the right to appear and oppose any such application.
7. Withdrawal and Expiry:
Caveat can be withdrawn by the caveator at any time.
If no suit or proceeding is instituted within 90 days of the caveat being filed, the caveat expires.
8. Key Case Laws on Caveat:
1. Shyam Sunder Lal Kaul v. Hemwati Nandan Bahuguna, AIR 1983 SC 1272
Held: Filing a caveat is a procedural right and safeguards a party’s interest by preventing ex parte orders.
Significance: It protects the right to be heard, ensuring the court does not pass orders without giving notice.
2. K.K. Verma v. Union of India, AIR 1956 SC 316
Held: A caveat can be filed to protect a party’s rights and interests, and the court is bound to give notice before passing orders.
3. Union of India v. Ibrahim Uddin, AIR 1966 SC 1222
Held: Caveat is a mechanism to prevent miscarriage of justice due to lack of notice.
It is not meant to delay proceedings but to ensure fairness.
9. Distinction between Caveat and Stay or Injunction:
| Aspect | Caveat | Stay/Injunction |
|---|---|---|
| Nature | Procedural safeguard | Substantive relief |
| Purpose | To get notice before passing any ex parte order | To restrain action or maintain status quo |
| Court’s Power | Court must inform caveator before ex parte hearing | Court grants relief based on merits |
| Time Validity | Valid for 90 days | Valid till modified or vacated |
10. Limitations of Caveat:
Caveat does not prevent filing of a suit or proceeding; it only ensures prior notice.
It does not guarantee that the court will decide in favor of the caveator.
If the caveat holder does not appear when called, the court can proceed.
11. Practical Importance:
Caveat is particularly useful in cases where the caveator fears sudden urgent applications for injunction or attachment.
It helps avoid surprise orders and ensures a fair hearing.
Commonly used in property disputes, commercial suits, or urgent civil matters.
Summary Table:
| Feature | Description |
|---|---|
| Legal Provision | Order XXXVII Rule 4A CPC |
| Purpose | To prevent ex parte orders without notice |
| Who Can File | Any party interested in a suit or proceeding |
| Validity | 90 days |
| Effect | Court must inform caveator before ex parte orders |
| Withdrawal | Allowed at any time |
| Case Law | Shyam Sunder Lal Kaul v. Hemwati Nandan Bahuguna |
Conclusion:
Caveat under CPC is a procedural device aimed at protecting a party’s right to be heard by preventing ex parte orders. It ensures the principles of natural justice are upheld and prevents misuse of the court’s power. Although it does not affect the substantive rights or the merits of the case, it is a valuable safeguard for litigants who want to avoid surprise adverse orders.
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