d) If jurisdictional failure, the order is null and void. Introduction. Incorporated under Section 148A of Civil Procedure Code, 1908, the Indian Law defines caveat petition as a precautionary measure taken by a person who holds a strong fear or uneasiness that some or the other case against him/her is going to be filed in the court of law regarding any manner. Section 148-A of Code contains provisions related to Caveat as- The trial court rightly held the fact that when the caveat was filed in 1985, the lady did not have an issue with respect to the challenging the decree. Therefore, caveat under Section 148A of the CPC cannot be filed in these proceedings. Model draft of a “Caveat u/s 148-A of CPC against filing of a civil suit.” November 24, 2018 October 14, 2020 Tushar Kaushik * Please note that this model draft may be used mutatis mutandis * 148A. Her husband died in 1985, while she was issueless. Caveat petition under Section 148A described in the Code of Civil Procedure, 1908. The court in the case at hand opined, The powers of a Civil Court are too sacrosanct to be allowed to be diluted or to be curtailed by a mere remote implication. To avoid the multiplicity of proceedings. Rajendra Law Office is one of the Best Law Firm in India. # Supranote 1 # Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma, AIR 1991 Ker 411. (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. On 28.02.1981, the respondent also filed an application under O.41 R.5 r/w S.115 of the CPC, 1908 for staying the order under appeal. The Land Transfer Regulations 2018 specify what prescribed information must be included in a caveat instrument presented for registration. As per Section 148A of the civil procedure code, 1908: 148A, Right to lodge a caveat – (1) where an application is expected to be made or has been made, in a suit or proceedings 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. When Caveat does not lie? As expected the respondent also had rightly filed an appeal along with an application for temporary injunction. The question was,' Whether on the basis of caveats, could summons be issued by the civil courts?' (supra). The caveat was lodged after sending a copy of the same to the respondent by a registered post with acknowledgement due. The respondents went for an appeal in the appellate court wherein the court said that it was a proper consent decree and did not involve fraud. Section 148A of Code of Civil Procedure 1908 "Right to lodge a caveat" (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 thereo It is with the judiciary to decide in the nature of the clauses, as it differs from case to case. There are amazing law quotes on our Twitter and Instagram. Thank you for your love and support. According to Section 148A of Civil Procedure Code, a caveat should be signed by the caveator or the advocate of the caveator. “Whether order dated 28.02.1981 is jurisdictionally valid?” ii. The issues were that, 1. The Court took the case on 28.02.1981, and also passed an interim order. To get 1 law content daily, message LAW on WhatsApp: 9128523662. Legal Provisions of Section 148 of Code of Civil Procedure, 1908 (C.P.C. Consequently, it follows that the breach of sub-section (3) vitiates the order passed thereof.” The three cases give us a broad picture of the Courts approach towards this section. We are anguished to see the attitude of the Court, who passed the decree on the basis of a plaint and a Written Statement, which were filed on the same day. The court also rightly server a notice on the caveator which was returnable by 06.03.1981. Whether the order stands till it is set aside according to the procedure known to law ? Object and Scope of the Section: The object of this section is to safeguard the interest of the Caveator, who is ready to face the suit or proceedings which is expected to be instituted by his opponent, affording an opportunity to be heard, before an ex parte order is made. Note* we only accept Original Articles, we will not accept It was held that, “The provision regarding service of notice as contained in sub-section (3) is mandatory and non-compliance with it defeats the, very object of introducing Section 148-A. (2010) 3 SCC 251 # Supra note 6 # Ibid # Ibid # G.C. The application was for grant of an injunction against restraining them from holding any meeting or, staging any demonstration or resorting to any other form of direct action or playing musical instruments, beating of drums, using microphones, etc., within the premises of the Reserve Bank of India, Hyderabad Branch. It was argued that, a) The term “notice of application” mentioned in clause(3) is not defined under the code. Caveat is lodged in the form of a petition. (09)IAL1872.20_TP1967.18.doc Section 148A of the CPC does not require any affidavit in support to be filed along with the Caveat. The term 'Caveat' is not defined in the Code. However, a summon was issued and other party had come to the court, on basis of a caveat. Caveat means Beware. 9. Here is the famous case where Tata Group filed a caveat against expelled CEO Cyrus Mistry. The person who files a caveat is known as caveator. In the case of Nirmal Chand the Court had said that any party affected by an interim order can file a Caveat petition. Caveat petition is defined as the precautionary measure taken by an individual who holds a great fear or nervousness that some of the other cases against him or her are going to be filed in the court of law related to any manner. It is a warning or caution given by a party to the court not to take any action or grant any relief to the applicant without notice being given to the party lodging the caveat. When Caveat does not lie? Model draft of a “Caveat u/s 148-A of CPC against filing of a civil suit.” November 24, 2018 October 14, 2020 Tushar Kaushik * Please note that this model draft may be used mutatis mutandis * 30 May 2011 Filing caveat has two sides. Later the respondents started to threaten her that the land was theirs and she had no right over it. Santosh is a widow who was fraudulently deprived of the properties of her husband, by her own brother-in-laws. Smt. Rajendra Law Office is one of the Best Law Firm in India. Caveat petition under Section 148A described in the Code of Civil Procedure, 1908. A caveat was filed by the respondents for which the appellant gave a reply which was filed, wherein she had accepted the decree and did not challenge it then. Section 148A of the Civil Procedure Code talks about it, though there is no exact definition of this. v.Life of a Caveat Petition (Clause 5) The life of the petition is 90 days, from the date on which it was lodged. The applicant cannot file an application in any criminal proceedings filed under Article 226 of the Constitution of India. Caveat is lodged in the form of a petition. One if you file caveat under section 148A of CPC, hearing in the appeal should not take place unless you are informed and served with papers. Section 148-A of the civil procedure code speak about Caveat. Articles Already Published in other websites. Whether the order of the learned Judge injuncting the present caveators without giving a notice is null and void ? Caveat is not defined in the Civil Procedure Code, 1908. The section should be followed scrupulously by the Courts. Leading Lawyers in this Law office offers quality legal Services to file a Caveat Petition. To become entitled to lodge a caveat, it is not necessary that the person is a party to the suit. It was later heard on 30-10-1980, and an order of injunction was passed without giving any notice to the caveators. 2. editor@legalserviceindia.com. Format of Application under Section 151 of the Code of Civil Procedure Code 1908 October 28, 2020 caveat under section 148a of cpc format October 14, 2020 What is Property Card ? 2- That the respondent No.1 filed a Suit for Permanent Injunction titled as ____ VERSUS ____ etc.” in the court of … The person by whom such an application has been made or expected to be made is called caveatee. Section 148A of the CPC application is limited to civil proceedings. Though caveat is not being defined under the Code of Civil Procedure, the right and procedure to file a caveat have been provided under Section 148A.. We are convinced that this was nothing, but a very poor attempt to get the fate of the appellant sealed by getting her statement recorded. The issue is, i. II. With the accompany of the Vakalatnama, the advocate represents the caveator. Therefore, caveat under Section 148A of the CPC cannot be filed in these proceedings. As section 148A provides a substantive right to lodge the caveat. Respondents pleaded that the suit was barred by limitation. End-Notes # Nirmal Chand v. Girindra Narayan, AIR 1978 Cal 492. Second, If you are served with a caveat by the person who filed/preferred caveat, you must serve the otherside with complete set of appeal paper. II. On the same day, the petitioner filed a caveat apprehending the respondent to filed an appeal after modification of the interim order. It was inserted under section 148A in the Civil Procedure Code of 1908 (hereinafter, the Code) by the approvals of the Law Commission of India's 54th Report and was introduced by the CPC (Amendment 104) Act of 1976. On 27-10-1980, copies of the intended application for interim relief, relevant papers and documents were served on the Caveators. A caveat petition was filed on 01-10-1980 apprehending the above, for which a notice was served on the plaintiff on 08-10-1980.