Section 148A of The Code of Civil Procedure, 1908
Right to lodge a caveat.
1[148 A. 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 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.
- (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.]
Summary
- A caveat is a formal warning to the Court to be heard before an application is decided.
- Any person expecting an application to be made against them in a suit or proceeding can lodge a caveat.
- The caveator, the person who files the caveat, must serve notice of it on the expected applicant by speed post.
- Once a caveat is lodged, the Court must notify the caveator if an application is filed.
- The applicant must then provide the caveator with copies of the application and supporting papers at the caveator's expense.
FAQ
1. How long does a caveat last under Section 148A of The Code of Civil Procedure, 1908?
A caveat lodged under Section 148A of The Code of Civil Procedure, 1908, remains in force for a period of ninety days from the date it was lodged.
2. What must a caveator do after lodging a caveat under Section 148A CPC?
Under Section 148A of the Code of Civil Procedure, 1908, the caveator must serve a notice of the caveat by speed post on the person who is expected to make the application.
3. Who provides copies of the application to the caveator under Section 148A CPC?
According to Section 148A of the Code of Civil Procedure, 1908, once the applicant is notified of the caveat, they must provide copies of the application and all supporting papers to the caveator.
Test yourself
1.How many days is a caveat valid for under Section 148A of The Code of Civil Procedure, 1908?
2.Who is responsible for serving the notice of the caveat on the potential applicant under Section 148A of The Code of Civil Procedure, 1908?
3.Under Section 148A of The Code of Civil Procedure, 1908, what must an applicant do if they find out a caveat has been lodged?
4.According to Section 148A of The Code of Civil Procedure, 1908, who pays for the copies of the papers provided to the caveator?