Extension of caveat
Querist :
Anonymous
(Querist) 01 December 2011
This query is : Resolved
please guide me if a caveat is extendable if yes then where it is in cpc . I have searched in cpc takwani book but couldnot find.
adv. rajeev ( rajoo )
(Expert) 01 December 2011
There is no provision of caveat extn., you have to file another caveat immeadiately after expiry of the time or one day before expiry of caveat.
Querist :
Anonymous
(Querist) 01 December 2011
thanx a lot sir the same question was asked one state judicial exam please tell me any rule/order/section of cpc the same is provided..
Rajeev Kumar
(Expert) 01 December 2011
We cann't reply anonymous query
Sailesh Kumar Shah
(Expert) 01 December 2011
According sub-Section 148-A(5), fresh caveat to be lodged.
Extract of Section 148-A
“148-A. (1) Where an application is expected to be made, or has been made, in 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 application may lodge a caveat in respect thereof.
(2) Where a caveat has been lodged under Sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgment due, on the person by whom the application has been, or is expected to be, made, under Sub-section (1).
(3) Where, after a caveat has been lodged under Sub-section (1), any application is filed in any suit or proceeding, the Court shall serve a notice of the application on the caveator.
(4) Where a notice of any caveat has been served on the applicant, he shall 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 filed by him in support of the application.
(5) Where a caveat has been lodged under Sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in Sub-section (1) has been made before the expiry of the said period.”
prabhakar singh
(Expert) 01 December 2011
Yes! Mr. Shah has rightly guided you.
you may easily find that it last for 90 days.
The term is however not defined in C.P.C.
Another term similar to this one is found in Sales of Goods Act as "caveat emptor"that may be found relevant to exams.
Raj Kumar Makkad
(Expert) 03 December 2011
There is no need of its extension as it do not expire until filing of proposed appeal.
