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Understanding Caveats in Civil Procedure

The document discusses the concept of a caveat in civil procedure, emphasizing its role as a warning to the court to not grant relief without notifying the caveator. It outlines the applicable rules and conditions under which a caveat can be filed, including its limitations in criminal and writ jurisdictions. Additionally, it highlights the importance of adhering to procedural requirements to ensure that any interim orders are valid and that the caveator's rights are protected.

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78 views2 pages

Understanding Caveats in Civil Procedure

The document discusses the concept of a caveat in civil procedure, emphasizing its role as a warning to the court to not grant relief without notifying the caveator. It outlines the applicable rules and conditions under which a caveat can be filed, including its limitations in criminal and writ jurisdictions. Additionally, it highlights the importance of adhering to procedural requirements to ensure that any interim orders are valid and that the caveator's rights are protected.

Uploaded by

nsnishaphotos
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

CAVEAT

Section 148A / Order 52


“Let a person beware”

• The Code of Civil Procedure (Amendment) Act 104, 1976


• 54th report of Law commission of India
• Meaning or explanation about any doubt regarding the sections
or Enactment, the court should refer the precedent, then only
reference under section 113
• NIRMAL CHAND Vs GRINDRA NARAYAN, AIR 1978
Cal 492
• A caveat is a caution or warning, given by a person to the court,
not to take any action or grand relief to the other side without
giving notice to the caveator and without affording opportunity
of hearing him. AUDI ALTREM PARTEM
• 1. Order 39 Rule 1 &2 – Injunction or 2. any stay order in the
pending appeal – exparte injuction or stay cannot be challenged,
only can be vacated by the same court
• Ad-interim Injunction O.39 R.3(Proviso)
• Appellate court’s supervising power cannot be imposed on these
two areas
• To avoid the misuse of the Fundamental Right i.e., Audi
Alteram Partem , the provision of caveat is enacted
• It is a pure civil right, not applicable for Criminal proceedings
• Whether applicable to WRIT jurisdiction? No, no caveat under
A.226, but in appellate jurisdiction, there is a caveat.
• But by recent amendment in original side jurisdiction, it was
notified as caveat is applicable to WRIT in MHC also.
• Whether caveat can be filed after Ad-interim injunction?
• Ex-parte decree passed, Filed a caveat in appellate court to
avoid appeal stay, EP cannot be set aside
• Caveat can be lodged in any stage
• The copy of caveat shall be sent through the RPAD only
• O.5 R.9 (2002 amendment) mode of service of summon will not
bind(applicable) to Caveat other than RPAD
• Where the emergent application with Ad interim application
filed on the same day of Caveat, Any order shall not be allowed
in any other injunction application without hearing
• The Court notice under S.148A(4) shall be sent by O.5
• No extension of time application, S.148 shall not applicable to
Caveat
• New caveat may be filed before the expiry of the previous
caveat unless the caveat will not continues; the court is not
responsible for lapse time.
• In what court?
In all Court where the suit originally lies (expected courts) as
per section 16 t0 19 CPC
• Reserve Bank of India Employee Association Vs RBI, AIR
1981 AP 246
• Once caveat lodged, any ad interim order without hearing the
caveator is null and void
• Do you know?
Endorsement as no caveat pending is necessary before filing Ad-
interim application. And its court’s duty to check the caveat
register

• G C Siddalingappa Vs G C Veeranna, AIR 1981 Kar 242

BY
V.BALAMURUGAN
BODHI LAW ACADEMY
CHENNAI -- 9842786213

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