Caveat 293 - Legal Draft
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CAVEAT
RIGHT TO LODGE A CAVEAT
RIGHT TO LODGE A CAVEAT
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 the
date 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 application
has 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 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.
10.Reasons and Objects: Under the Code, sometimes a party obtains an ex parte order on an application without informing the other party of his intention to make such an application. Where a party, with a view to preventing such ex parte orders being passed,
intimates to the Court of his intention to have notice of an intended application by the adverse party, he may be authorized to do so. New section 148-A is being inserted to provide for a caveat.
11. The Committee feel that where a caveat has been lodged under sub-section (1) of the proposed new section 148-A, such caveat should not remain in force indefinitely and a time-limit of ninety days should be prescribed. The clause has been amended accordingly.