Interesting articles : 2021-07-11

Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about the 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
where a caveat has been lodged under sub-section (1) the person by whom the caveat has been lodged, shall serve a notice of the caveat by the registered post, acknowledgement due, on the person by whom the application has been or is expected to be made under sub-section (1) - DIRECTIVE in nature
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 application on the caveator.
Where a notice of any caveat has been served on the applicant, he shall forthwith furnish 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.
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 lodged unless the application referred to in sub-section (1) has been made before the expiry of said period.

Caveat - latin - let a person beware, understood as notice
Certain actions may not be taken WITHOUT informing the person who gave the notice.
Caveat is PRECAUTIONARY measure which is undertaken when having very strong apprehension that some case is going to be filed in the court regarding their interest in any manner.
Object of Caveat

Safeguard the interest of the Caveator, who is ready to face the suit which is expected to be instituted by his opponent
Affording an opportunity before an ex parte order is made
Avoid multiplicity of proceedings, so as to save the cost & convenience of court

Proceeding u/s A226 does not entertain a caveat petition, also applies to execution proceedings and proceedings under criminal Procedure code.
The section should be scrupulously followed by court.

is a caution or warning given by a person to the Court
NOT TO TAKE ANY action or grant relief to the other side
without giving notice to the caveator and without affording opportunity of hearing him.

The power of a Civil Court are too sacrosant to be allowed to be diluted or to be curtailed by a mere remote impliation.
No specific provision declaring any action taken by court contrary to its mandatory duty under sub-section(3) to give notice would be void.
Mere lodgment of a caveat would not deprive the Court of its power to pass an order even if the caveat or was not informed of the date of hearing of the matter.
As the lodgment of a caveat is merely a right to be informed of the hearing date and it has no effect by way of curtailing the power of the civil court to pass appropriate order on the merits of the case.

Section 9 of CPC further makes it abundantly clear that it applies to suits of civil nature
It is also clear from language of 148A of CPC, that it applies to application in a suit or proceedings instituted or about to be instituted in Civil court.
Courts shall have jurisdiction to try all suits of a civil in nature
in CrPC No such specific provision of filing a Caveat as governed u/s 148A of CPC exist

It is not province of the Magistrate to enter into a detail discussion of the merits or demerits of the case nor can the HC go into matter in reversional jurisdiction. which is very limited
Proceeding u/s 202 CrPC the accused has got ABSOLUTELY NO LOCUS STANDI and is not entitled to be heard on the question whether the process should be issued against his or not
Unless an order of cognizance is recorded against the accused no accused is entitled to address the court.

Interesting articles