Caveat
/ˈkæviæt/
Legal / Procedural Term
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Definition
A notice filed by a person (the caveator) before a court or authority warning that no order or proceeding should be made without first hearing the caveator. Under Section 148A of the Code of Civil Procedure, 1908, a person who expects that a suit or application will be filed against them can file a caveat — the court must then give them notice and an opportunity to be heard before passing any ex parte order.
Examples
Case Study
In Nirmal Chand Jain v. Kailash Nath Agarwal (1985), the Supreme Court clarified that the purpose of a caveat is to ensure that the caveator is heard before any ex parte order is made — it embodies the natural justice principle that no order should be made behind a party's back when they have notified the court of their interest.
Key Cases
Nirmal Chand Jain v. Kailash Nath Agarwal
1985AIR 1985 SC 1031
A caveat requires the court to give notice and an opportunity to be heard to the caveator before any ex parte order is made. Embodies natural justice — no order behind a party's back when they have put the court on notice.
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