caveat

Literally “let him beware”. Under s.148A CPC, a person who expects an application to be made in a suit or proceeding, already filed or about to be filed, may lodge a caveat claiming the right to be heard. The caveator must serve notice of the caveat on the expected applicant. If the application is then filed, the court must give notice to the caveator before passing any order, and the applicant must give him copies.

The caveat lapses after 90 days unless the application is made within that time. Its practical use is to stop an ex parte interim order, such as a temporary injunction. Caveats are also lodged against the grant of probate or letters of administration under the Indian Succession Act.

Example

Expecting the tenant to seek an ex parte stay, the landlord lodged a caveat under section 148A CPC so that he would be heard first.

In Indian law

• Section 148A, Code of Civil Procedure, 1908 (right to lodge a caveat)
• Section 284, Indian Succession Act, 1925 (caveat against grant of probate or administration)

See also

ex parte · temporary injunction · caveat emptor

Read more in the study notes

• Reference, review and revision; caveat, restitution and the inherent powers of the court (Civil Procedure Code and Limitation Act)
• Contract of sale, conditions and warranties (Contract II)
• Probate, letters of administration and succession certificates (Family Law II - Mohammedan Law)
• Rights of women: CEDAW and Indian law (Human Rights Law and Practice)
• Utmost good faith, non-disclosure and section 45 (Insurance Law)