Definition
A formal notice lodged with a court by a person (the caveator) warning that no order shall be made in a specified matter without first giving the caveator an opportunity to be heard.
A caveat under Section 148A CPC is a procedural device that ensures a party is heard before an adverse order is made. The caveator files a caveat stating that if any application is made against them in the specified suit/proceeding, the court must first serve notice on the caveator and hear them before making any order. A caveat has a lifespan of 90 days (Section 148A(4) CPC) — after which it lapses and must be refiled if the threat of an adverse order continues. Caveats are commonly filed by persons who anticipate that their opponents may seek ex parte orders against them.
Statutory Definition
Section 148A(1), Code of Civil Procedure, 1908 (inserted by CPC Amendment Act 1976): 'Where an application is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.' Section 148A(3): 'Where a caveat has been lodged under sub-section (1), the person by whom it has been lodged shall serve a notice of the caveat by registered post, acknowledgement due, on the person by or on whose behalf the application has been or is expected to be made.'
Etymology & Origin
From Latin 'caveat' (let him beware) — the third person singular present subjunctive of 'cavere' (to beware, to take heed). The caveat is the court's warning to itself: 'Let the court beware — this person must be heard before any order is made.'
Full Legal Analysis
Caveat: The Warning That Earns a Hearing
A caveat is a procedural safety net for parties who fear that their opponents may obtain ex parte orders against them — orders made without notice. By lodging a caveat, the caveator effectively tells the court: “If anyone approaches you with an application affecting me, you must hear me first.” It is not a defence on the merits; it is a procedural right to be present when the court is asked to act.
Caveator’s Obligations: Section 148A(3)
Lodging a caveat is not enough — the caveator must also serve a copy of the caveat on the person who they expect will file the application, by registered post. This service requirement ensures that the opposing party knows a caveat has been filed and cannot claim surprise when the court insists on hearing the caveator. Failure to serve as required may affect the validity of the caveat — courts have discretion to make an ex parte order if the caveator did not comply with the service requirement.
Caveat in Succession/Probate Matters
Beyond CPC Section 148A, 'caveat' has a traditional use in succession law — a person opposing the grant of probate or letters of administration files a caveat with the probate court warning that probate should not be granted without hearing the caveator's objections. This is an older common law usage of the term, distinct from the CPC caveat. In practice, succession disputes routinely begin with the competing claimant filing a caveat against the probate application.
“A caveat is the law’s protection against being blind-sided. It embodies the audi alteram partem principle — no order shall be made against a person without first giving them an opportunity to be heard. The caveat simply makes this right concrete, giving it a 90-day duration and a formal procedural hook.”
This Term in Indian Statutes
Code of Civil Procedure, 1908, 1908
"Where an application is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof."
Caveat: formal notice that caveator must be heard before any order is made on the application
