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Introduction
SCOPE:
Any party affected by interim order can file caveat. (Nirmal
Chandra v. Girindra Narayan (1978)) Person who is total
stranger to proceeding cannot lodge caveat. (Rattil Parkkum
v. Mannil Paadikayil)
NATURE:
Section 148 A Civil Procedure Code Sub-Section (1)
Substantive Statutory right to lodge caveat in civil proceedings
(2) Directive in nature To serve a notice of caveat to applicant
(3) Mandatory Costs obligation on court to serve notice (4)
Directive To furnish a copy of an application and documents
Object:
A caveat protects the caveators interest. The caveator is
already ready to face the suit or proceedings which is expected
to be instituted by his opponent. Hence no ex-parte order shall
be passed against the caveator. The caveat avoids
multiplicity of proceedings. Thus it saves the expenses costs
and conveniences of the Courts.
Examples: A is owner of a house-site. He wants to construct a
building He got the permission from the Municipality. A started
construction. Meanwhile, B the neighbourer claimed some of
the land of A and objected the construction, on the pretext of
some bias, immediately on the day of threatening itself. A filed
a caveat against B in the competent civil court praying the
Court to give him a notice before passing any interim order or
relief in case if B files any application before the Court, so that
he could give the answer to the claim of B.
CONCLUSION
No doubt the said parameters by interpretative process can be
stretched in order to effectively carry out the legislative intent
but while doing so, the essential contents of the statutory
provisions and its very workability cannot be put to a stake
thereby nullifying the right of the applicant to the proceedings