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Right to lodge a Caveat

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Right to lodge a Caveat

Right to lodge a Caveat

Sec 148A of the code provides that where an application is expected to be made, or has been made, on a suit or proceeding instituted, or about to be instituted in a court, any person claiming a right to appear before the court on the hearing of such an application may lodge a caveat in respect thereof.

When a caveat has been lodged as above, the person lodging the caveat (called caveator) must serve a notice of the caveat by registered post, with acknowledgment due, on the person by whom the application had been, or is expected to be made.

When ,after a caveat has been lodged as above, any application is filed in any suit or proceeding , the Court must serve a notice of the application on the caveator.

When a notice of a caveat has been served on the applicant, he must 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, field by him in support of the application.

When a caveat is lodged as above, such a caveat does not remain in force after the expiry of ninety days from the date on which it was lodged, unless another application is made before the expiry of that period.

Author:
Dr. Ram Niwas Sharma, Associate Professor, Unitedworld School of Law (UWSL)

Disclaimer: The opinions / views expressed in this article are solely of the author in his / her individual capacity. They do not purport to reflect the opinions and/or views of the College and/or University or its members.

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