The Caveat is based on the Latin Legal maxim Audi alteram partem that literally

means "hear the other side" or "hear the alternative party. On filing the Caveat
it is binding on the Court that the Court should not proceed in the matter unles
s and until Court heard Caveator. Generally Caveat is filled in Appellate Court
after the decision in Lower Court. The Caveat is valid for 90 days only. The ge
neral Practice in Caveat where an appeal is likely to be filed can be seen as fo
llow
1. Send the Original Copy of the Caveat Application to all necessary parties who
can file the Appeal the judgement of Lowe Court.
2. The copies must be sent through the registered post.
3. The Caveat application is to be filed in appropriate Court along with the Jud
gement of Lower Court.
4. The Prayer of the Application must read out that The Caveator must be heard b
efore deciding any application or Appeal against the attached Judgement of Lower
Court in which Caveator is the party.
5. Along with the Caveat Application , a simple application explaining to the Co
urt thatThe Caveator already have sent the copies to all the parties, Therefore
The Court need not to send them notices. (attach the receipt of Post Office)
Thats it....
Let us know if you need any clarification or information .
Atul Suryavanshi
Attorney IPR JC Law Firm, Jalgaon
09923552956 E-mail - [Link]@[Link]
Caveat is a two line application addressed to the registrar, filled in any of th
e High Court or Supreme Court of India mentioning the details of any matter whic
h is instituted or expected to be instituted in a suit/appeal/proceeding before
the said court where the applicant/caveator request that no order with regard to
the said matter may be passed without giving notice to the applicant/caveator.
The advantage of such application/caveat is to avoid any ex-parte order in any m
atter which the other party may try to get at the time of filling the matter in
any of the courts. Not much a cost is involved in filling of caveat apart from t
he cost for sending the notice & copies of the petition/application and/or paper
s/documents in support of this petition/application of the matter against which
this caveat was lodged to the caveator i.e. you & the professional fee of the ad
vocate in filling this caveat which you will have to bear.
caveat can be filed under sec148A CPC any time before the appeal is filed.
You
will only get intimation from court when appeal is [Link] caveat does not
take away the right to appeal of opposite party.
"[108][148A. Right to lodge a caveat (1) Where an application is expected to be m
ade, or has been made, in a suit or proceedings instituted, or about to be insti
tuted, 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.
(2) Where a caveat has been lodged under sub-section (1), the person by whom the
caveat has been lodged (hereinafter referred to as the caveator) shall serve a
notice of the caveat by registered post, acknowledgement due, on the person by w
hom the application has been or is expected to be, made, under sub-section (1).
(3) Where, after a caveat has been lodged under sub-section (1), any application
is filed in any suit or proceeding, the Court, shall serve a notice of the appl
ication on the caveator.
(4) Where a notice of any caveat has been served on the applicant, he shall fort
hwith furnish the caveator at the caveator's expense, with a copy of the applica
tion made by him and also with copies of any paper or document which has been, o
r may be, filed by him in support of the application.
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not
reman in force after the expiry of ninety days from the date on which it was lod
ged unless the application referred to in sub-section (1) has been made before t
he expiry of the said period.]"
regards ASHOK
caveat can be filed under sec148A CPC any time before the appeal is filed.
You
will only get intimation from court when appeal is [Link] caveat does not
take away the right to appeal of opposite party.
"[108][148A. Right to lodge a caveat (1) Where an application is expected to be m
ade, or has been made, in a suit or proceedings instituted, or about to be insti
tuted, 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.
(2) Where a caveat has been lodged under sub-section (1), the person by whom the
caveat has been lodged (hereinafter referred to as the caveator) shall serve a
notice of the caveat by registered post, acknowledgement due, on the person by w
hom the application has been or is expected to be, made, under sub-section (1).
(3) Where, after a caveat has been lodged under sub-section (1), any application
is filed in any suit or proceeding, the Court, shall serve a notice of the appl
ication on the caveator.
(4) Where a notice of any caveat has been served on the applicant, he shall fort
hwith furnish the caveator at the caveator's expense, with a copy of the applica
tion made by him and also with copies of any paper or document which has been, o
r may be, filed by him in support of the application.
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not
reman in force after the expiry of ninety days from the date on which it was lod
ged unless the application referred to in sub-section (1) has been made before t
he expiry of the said period.]"
regards ASHOK
148-A. Right to lodge a caveat:
(1) Where an application is expected to be made, or has been made in a suit or p
roceeding 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.
(2) Where a caveat has been lodged under sub-section (1), the person by whom the
caveat has been lodged (hereinafter referred to as the caveator), shall serve a
notice of the caveat by registered post, acknowledgement due, on the person by
whom the application has been, or is expected to be, made under sub-section (1).
(3) Where, after a caveat has been lodged under sub-section (1), any application
is filed in any suit or proceeding, the court shall serve a notice of the appli
cation on the caveator.
(4) Where a notice of any caveat has been served on the applicant, he shall fort
hwith furnish the caveator, at the caveators expense, with a copy of the applicat
ion made by him and also with copies of any paper or document which has been, or
may be, filed by him in support of the application.
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not
remain in force after the expiry of ninety days from the date on which it was lo
dged unless the application referred to in sub-section (1) has been made before
the expiry of the said period.
With a view to preventing any party to obtain an ex parte order S. 148A empowers
any person claiming a right to appeal before the court on the hearing of any ap
plication, which is expected to be made, or has been made, in a suit or proceedi
ng instituted, or about to be instituted, in a court, to lodge a caveat in respe
ct thereof.
Where a caveat has been lodged, the person by whom the caveat has been lodged, v
iz., the caveator, shall serve a notice of the caveat by registered post, acknow
ledgement due, on the person by whom the application has been, or is expected to
be, made.
Where after a caveat has been lodged, any application is filed in any suit or pr
oceeding, the court shall serve a notice of the application on the caveator. Whe
re a notice or any caveat has been served on the applicant, he shall forthwith f
urnish the caveator at the caveators expense, with a copy of the application made
by him and also with copies of any paper or document which has been, or may be,
filed by him in support of the application.
The caveat shall not remain in force indefinitely and a time limit of ninety day
s has been fixed from the date on which it was lodged.
It is clear from the reading of Rule 11 (1) of Order XLI, C.R.C. that only the a
ppellant or revisionist or his pleaders are required to be heard and not counsel
for respondent or opposite party or his pleader at the stage of admission of ap
peal or revision, even when caveat has been filed. Section 148A provides hearing
of any application to be moved by any person claiming a right to appear before
the court on the hearing of such application.
It nowhere lays down that by filing a caveat a person is entitled to even oppose
the admission of appeal or revision which are continuation of the suit. Memoran
dum of appeal and revision are different from other applications moved in them.
By filing caveat under S. 148A the caveator or his counsel are not entitled to o
ppose admission of appeal or revision.
They are entitled only to be heard when any application is expected to be moved
in appeal or revision. It is another case that notices have been issued to the r
espondents or opposite parties or their pleader and in that case the respondents
or opposite parties or their pleader are entitled to oppose the admission but i
n no other case.
The court has to give an opportunity of hearing to caveators if it has to pass a
n order against them