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what is section 148-A of the Code of Civil Procedure:-
Caveat 1 Point
No.1 :- What is Caveat Petition
(Section 148A of the Civil Procedure
Code, 1908) A Caveat is a Latin term which means, 'let a person
beware' originated in the mid 16th century. In law, it may be
understood as a notice, especially in probate, that certain actions
may not be taken without informing the person who gave the notice.
The Section 148A of the Code reads as under, 148A. Right to lodge a
caveat. @2
(1) Where an application is expected to be made, or has been
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.
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(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.
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(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.
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(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.
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Point No.2:- How to File a Caveat Petition:- Fill a simple
format, which is available with all stamp vendors
1} Name of the
Court
2} Name of the person by whom the suit or proceedings is
likely to be field
3} order, notice, judgment under challenge for
whom the caveat has been filed
4} Name of the person /Persons , who
is filing the caveat Petition
5} Send a copy to the person , whom is
going to file proceedings ( Suit, Appeal, Revision,Writ, application
) before any court or tribunal .
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6} Send the copy through registered
post
7} File before the competent court along with the receipt of
registered post and all the relevant documents like
8} Any order,
decree, judgment, notification, or circular which is going to affect
your rights
9} File along with court fees and Vakaltanama
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3. Documents required to be filed along with caveat petition :-
1} Caveat petition,
2} Order against whom proceedings is likely to be
instituted Copy of Receipt of Registered post
3} Vakalatnama
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4.
What court does do after receiving caveat:- court always intimate
through notice to the caveator that the suit or writ or proceedings
has been filed and the case is fixed for hearing
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.5 Who
may lodge a Caveat?
(Clause 1) Any person claiming a right to appear
before the Court,
•Where an application is expected to be made
•Where an application has already been made
•In a suit or
proceeding instituted
•In a suit or proceeding which is about to be
instituted
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6. Duties of the Caveator (Clause 2)
This clause is
directive in nature. The person by whom the Caveat has been lodged is
called a Caveator. He shall, •Serve a notice of the Caveat by
registered post, acknowledgement due
•On the person by whom the
application has been made
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7. Period of Limitation/ Validity of Caveat
:-
The life of the petition is 90 days, from the date on which it was
lodged. of Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil
Kadeesa Umma, the court opined that a person who is a total stranger
to a proceeding cannot lodge a caveat. Karnataka High Court G.C.
Siddalingappa vs G.C. Veeranna on 18 June, 1981 Equivalent citations:
AIR 1981 Kant 242, ILR 1981 KAR 1270, 1981 (2) KarLJ 323 1. High
Court held that after filing caveat petition, if the caveator has not
heard and any order passed, the order is in effective and ordered the
subordinate court to hear the caveator first.
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