HomeSectionsSection 148A: Right to...

Section 148A: Right to lodge a caveat

(1) 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.

(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 application on the caveator.

(4) 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 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 lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.

- A word from our sponsors -

Most Popular

LEAVE A REPLY

Please enter your comment!
Please enter your name here

More from Author

Nature of Suits covered under CPC

The Code of Civil Procedure, 1908 (CPC) covers a wide range...

Res-sub-judice under CPC

Concept of Res-sub-judice The concept of res sub judice, meaning "a matter...

Res Judicata under CPC

Concept of Res Judicata The concept of res judicata, meaning "a matter...

Restitution under CPC

Under the Code of Civil Procedure (CPC), the concept of restitution...

- A word from our sponsors -

Read Now

Nature of Suits covered under CPC

The Code of Civil Procedure, 1908 (CPC) covers a wide range of civil suits. It provides the procedural framework for resolving various civil disputes and claims. The Nature of Suits covered under the CPC includes, but is not limited to, the following: Money Recovery Suits: These suits involve...

Res-sub-judice under CPC

Concept of Res-sub-judice The concept of res sub judice, meaning "a matter under judgment," is a legal doctrine that prevents the simultaneous litigation of two identical or substantially similar cases in different courts. It ensures that once a matter is under the consideration of a competent court, other...

Res Judicata under CPC

Concept of Res Judicata The concept of res judicata, meaning "a matter adjudicated," is a legal doctrine that prevents the re-litigation of a case that has already been finally decided by a competent court. It ensures the finality and conclusiveness of judicial decisions, promoting stability and preventing parties...

Restitution under CPC

Under the Code of Civil Procedure (CPC), the concept of restitution refers to the restoration or compensation for any loss suffered by a party as a result of a court's decree or order. The CPC recognizes the importance of providing relief and restoring parties to their original...

Inherent Power of Court under CPC

The concept of inherent power of the court refers to the authority vested in the court to make necessary orders and take appropriate actions in the interest of justice, even if such powers are not specifically provided for in the law or procedural rules. These inherent powers...

Execution of Judgement and Decree under CPC

Execution of Judgments Application for Execution: The party seeking to execute a judgment needs to file an application for execution in the court that delivered the judgment. The application should contain details of the judgment, the relief sought, and the grounds for execution. Modes of Execution: The court has...

Meaning and Object of Pleading

In the legal context, pleading refers to the formal written statements filed by the parties involved in a lawsuit to present their respective claims, defenses, and allegations before a court. The primary purpose of pleading is to provide a clear and concise outline of the issues in...

General Rules of Pleading

The general rules of pleading govern the manner in which parties present their claims, defenses, and allegations in legal proceedings. These rules ensure that the pleadings are clear, concise, and focused, enabling the parties and the court to understand the issues in dispute. General Rules of Pleading Concise...

Plaint and Written Statement under CPC

Under the Code of Civil Procedure (CPC), the plaint and written statement are important components of the pleading process in civil cases. Plaint under CPC A plaint is a document filed by the plaintiff (the party initiating the lawsuit) to commence a civil case. Essential Elements of Plaint: Name, address,...

Appearance and Non-appearance of Parties under CPC

Under the Code of Civil Procedure (CPC), the appearance and non-appearance of parties are governed by specific provisions. Appearance of Parties Order of Appearance: Section 132 of the CPC states that parties to a suit should appear in the court on the day fixed for hearing unless they...

Suits by Indigent Persons under CPC

Suits by indigent persons, also known as suits filed by paupers or suits filed in forma pauperis, are a provision under the Code of Civil Procedure (CPC) that allows individuals who are unable to afford the costs of litigation to file and pursue their legal claims without...

Interpleader Suit under CPC

"Interpleader suits" refer to a specific type of lawsuit that allows a third party to resolve a dispute between two or more claimants who are making competing claims to the same property or funds. Nature of Interpleader Suits Conflicting Claims: Interpleader suits arise when a third party (known as...