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suryaprakash (svd)     05 February 2013

Caveat process

My understanding was that once i file  caveat, the oppsite party cannot file anything unless I am headr by the court. I have received a return Caveat from the opposite party. How can this be possible? Is it possible to file Caveat against me in return? 


 5 Replies

suryaprakash (svd)     05 February 2013

gangadhar - It was files in a court in a small town where the proerty is. there is only one court

Adv k . mahesh (advocate)     08 February 2013


here caveat has only a party to the case without his presence or his advocate the court cannot pass an exparte order and 


A Caveat is an entry made in the books of the offices  of a register or court to prevent a certain step being taken without previous notice to the person entering the caveat. In other words, a caveat is a caution or warning giving notice to the court not to take any step without notice being given to the party lodging the care at. It is very common in testamentary proceedings. It is a precautionary measure taken against the greater of probate or letters of administration, as the case may be, by the person lodging the caveat.  Section 148-A of the code of civil procedure  provides for lodging of a caveat.


Object:  A caveat protects the caveator’s interest. The caveator is already ready to face  the suit or proceedings which is expected to be instituted by his opponent. Hence no ex-parte order shall be passed against the caveator. The caveat avoids multiplicity  of proceedings. Thus it saves the expenses costs and conveniences of the Courts.


Examples:  A is owner of a house-site. He wants to construct a building He got the permission  from the Municipality. A started construction. Meanwhile, B the neighbourer  claimed some of the land of A and objected  the construction, on the pretext of some bias, immediately on the day of threatening itself. A filed a caveat against B in the competent civil court praying the Court to give him a notice before passing any interim order or relief in case if B files any application before the Court, so that  he could give the answer to the claim of B.


Form:  No form is prescribed for the caveat. The caveator may file a caveat in the form an application or petition before the court submitting the cause of action giving the name and descripttion of the opponent. The copy of the application shall be sent  to the opponent party in advance by Registered post Acknowledgement due, before filing it in the court.


Right of the Caveator:  A caveat protects the interests of caveator.  The court must give a notice to the caveator or to his advocates. If the opponent  party files proceedings/application for the interim order. The court shall not give any ex parte interim order to the opponent party without hearing the caveator.


Time Limit:  The caveat will remain in force for 90 days from the date of filing.


Important Points:


1.   Caveat can be filed only to oppose the application and not to support.

2.   Notice  upon the caveator  filing the date of hearing of the application is a must. It is a mandatory under the Section 148-A

3.   Section 148-A applies only to trial courts, but not appellate courts

4.   In the execution of the decree 21, Orders 22 and 37 enact for the issue of a notice to the judgments debtor, under some given circumstances. This gives  the meaning that in cases not covered by such provisions, notice of execution is not necessary. Therefore, the judgment debtor is not entitled to a notice of an execution of a decree  at the initial stage by lodging a caveat anticipating such an execution.

5.   In Reserve Bank of India Employees Association Vs RBI  the plaintiffs filed a caveat before the court. The court before expiry of 90 days, issued an interim ex parte order against the plaintiffs without serving them a notice  and without hearing them. The ex parte interim order was held to be bad by the Supreme Court.



what is that caveat against caveat 

Adv k . mahesh (advocate)     08 February 2013

how many of them are there in that case

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 February 2013

I am not a lawyer. But I know what is a coveat. I don't see any reason why coveats cannot be there in both directions. A apprehends that B may go to court and get an order against A's interests. It does not mean that B cannot have apprehensions about A. So he may also get a coveat against A. Coveat and coveat will not cancel each other. It only means that both are cautious.

Further comments can be given only if one knows what exactly is stated in either coveat.

Coveats become necessary when courts give injunctions and orders without application of mind. This often results in continuing a suit for years, which may help the party in the wrong.

Raj (fr)     02 May 2013

SC has interim stay order on eX-partee my Mat.Suit U/s 13 of HMA but has child custody u/s26 of HMA which arising out of the mat suit u/s 13 with Mat suit no. xxx/xxxx.Is the stay applicable on the child custody proceeding also or only on the mat suit as in the order there no mention of child custody suit which was a separate suit but my petition has mention of mat. suit no. also and written "arising out of the mat suit u/s 13 with Mat suit no. xxx/xxxx.".


Even my lawyer saying that the second suit of child custody in family court will not be heard.


What to do now.How to proceed or is there any SC judgement to support the case.





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