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Caveat (Right to Lodge a Caveat)

Document Cited in Related
Vincent
Updated atMarch 2010

  1. The provision is made under section 148-A of the Civil Procedure Code.

  2. It is a process to suspend proceedings.

  3. It is a remedy against exparte orders.

  4. Right to appear in the Court on the hearing of such application.

  5. The caveator shall serve a notice (copy of the caveat application) by registered post acknowledgement due on the caveatee.

  6. The Court shall serve a notice on the caveator. It is a condition precedent for passing any interim orders against the caveator who is going to be affected by such orders, if passed.

  7. The caveat shall not remain in force after the expiry of 90 days from thedate of its lodging.

  8. The section 148-A reads as follows:

    (a)Where an application is expected to be made, in a suit or proceedings 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.

    (b)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 notice of the caveat by registered post, acknowledgement due, on the person by whom the applicationhas been, or is expected to be, made under sub-section (1).

    (c)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.

    (d) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator, at the caveator's expense, with a copy of the application made by mm also with copies of any paper or document which has been, or may be, filed by him in support of the application.

  9. Where a...

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