10. Caveat
Under Section 148 A :
a. Where an application is executed to be made or has been made in a
court, any person claiming right to appear before the court on hearing of such
an application may lodge caveat in respect thereof.
b. Where Caveat has been lodge under this section, the person by whom caveat has been lodged shall service notice of caveat by R.P.A.D. on person by whom application has been made.
c. Where after the caveat has been lodged any application is fled in any suit or proceeding the court shall serve notice of application to caveator.
d. Where notice of any Caveat has been served on applicant he shall forth with furnish the caveator at the caveator’s expenses with a copy of application made by him & also with copies of any paper or document which has been filed by him in support of application.
e. Where a caveat has been lodged such caveat shall not remain in force after expiry of 90 days from the date on which it was lodged.
OBJECT :
1. To safeguard the interest of a person against whom an Order may be passed on an application filed by party to suit, such person lodging a current may not be necessary party to suit, but he may be affected. This section affords an opportunity of being heard before an exparte Order is made.
2. To avoid multiplicity of proceeding.
WHO MAY FILE :
He must be a person claiming a right to appear before court on hearing of application, which applicant might move for grant of interim relief. Hence Caveat may be filed by any person who is going to be affected by interim Order.Thus a person who is stranger to proceeding can’t lodge Caveat.
Generally Caveat can be filed after Judgment is pronounced but in exceptional cases, it may be filed even before the pronounced of judgment.
FROM :
No form of Caveat has been prescribed Caveat may be filed in form of petition where in Caveat has to specify nature of application which is expected to be made or has been made.
RIGHTS & DUTIES :
A. RIGHTS & DUTIES OF CAVEAT
It is his duty to serve notice of caveat by R.P.A.A. on person by whom application has been or expected to be made.
The Provision is directory not mandatory.
B. B. RIGHTS & DUTIES OF APPLICANT
It is the duty of applicant to furnish to caveat at caveator’s expenses a copy of application along with copies of papers & documents on which he relies.
This provision is obligatory for the applicant.
C. RIGHTS & DUTIES OF COURT
It is the duty of court to serve notice of application to Caveator.
