In cpc, the term "Caveat" isn't specified. However, S. 148 A, a person has a
right to lodge a caveat. It usually refers to a caution or a notice. It's a
warning to the court not to give a grant without first providing an opportunity
for that party which filed the caveat. In simple terms, it is a notice to the
court not to issue any order or grant any relief in the absence of the person
lodging caveat. The individual who lodges a caveat against the grant of
probate/letters of administering does so as a precaution measure.
Who can file and who cannot file:
The caveat can be lodged by anyone who claims they have a "right to be heard" on
an application that has been submitted or is scheduled to be filed. He might or
might not be a party to the lawsuit. An individual whose privilege is likely to
be harmed by a judicial order issued in response to a petition made or
anticipated to be made in a suit can also file.
The judgment debtor can file caveat in a higher court or superior court in which
the suit can be entertained as he/she is having a right to review. An individual
who is neither a party to the lawsuit nor has any legal rights being affected by
a judicial order cannot file a caveat. Strangers and also someone who supports
the applicant's application are not permitted to lodge it.
Caveator and caveatee:
An individual who files a caveat is known as a 'caveator'.
Any individual whose privileges are likely to be harmed by a judicial order. He
could/couldn't be a necessary party to the suit. If a individual's rights are
likely to be harmed by a judicial order, though he is not a party to the
lawsuit, he can file a caveat. Any individual who has filed or is inclined to
make an application in a lawsuit that has been initiated or is soon to be
initiated is known as the 'caveatee'.
On the caveatee's application, the caveator asserts his entitlement to be heard
even before order is issued.
Objective of Caveat:
Caveat has a two-fold objective. One, to protect the interests of caveator i.e.,
the caveator's privileges may be prejudiced if the court issues an order on the
caveatee's petition without hearing the caveator. Caveat gives the caveator a
chance to be heard and eliminates the prospect of an ex parte order. Two, to
avoid multiplicity of proceedings i.e., this clause allows an individual to
lodge a caveat and demand his right to be heard on an application that has been
made or is expected to be made in a lawsuit or process even before court issues
A petition can be used to file a caveat. In addition, the caveator must demand
his "right to appear" on the date of hearing such petition.
Even before an interim order is issued on the caveatee's application, the
caveator has the right to be heard. The judge cannot issue an order without
first notifying the caveator of the petition. The caveator's notification is
required before an interim order can be issued. If the court issues an order
without notifying the caveator, it is likely to be overturned.
The caveat is valid for 90 days from the date of lodging. If the caveatee does
not file a petition within this time frame, the caveat will immediately expire.
The caveator, on the other hand, has the option of renewing the caveat.