Bare ActsCode of Civil Procedure, 1908 (CPC - As amended by Commercial Courts Act, 2015 - Applicable for Commercial Courts only)

Section OLIV

RULES REGULATING LODGING OF CAVEATS IN THE SUBORDINATE COURTS IN THE STATE

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Any person claiming a right to appear before the Court on the hearing of an application which is expected to be made or has been made in a suit, appeal, revision or any proceeding instituted or about to be instituted in a Court to which the Code applies, may lodge a caveat in the Court. The caveat shall be in the form prescribed in the Appendix and shall be accompanied by Vakalath in the prescribed form. 2. Every Court shall maintain a Register hereafter called the 'Register of Caveats' containing the following particulars, namely:-- (a) Serial Number. (b) Date of lodging of caveat. (c) Date upto which the caveat will remain in force. (d) Name and address of Caveator. (e) Address for service on the Caveator within the jurisdiction of the Court. (f) Name and address of the Advocate, if any, for the Caveator. (g) The number of the proceeding, if any, on the file of the Court in which the Caveat is filed. (h) The number of the proceeding in the lower Court against which further proceedings are taken or contemplated to be taken in the appellate or revisional Court (This will not apply to the Court of first instance). (i) Name and address of the applicant or petitioner or the expected applicant or petitioner. 3. On lodging of the caveat, an entry shall be made in the Register of Caveats in the presence of the Caveator or his Advocate. 4. On such lodging the Caveator shall forthwith serve notice of the Caveat by registered post acknowledgement due on the person by whom the application has been made or is expected to be made. 5. On the lodging of a caveat, if any application is filed in a suit, revision or any other proceeding, the Court shall serve a notice of the application on the Advocate for the Caveator, if any, or on the Caveator in the manner provided for service on defendant, respondent or opposite party, of summons to appear. All provisions applicable to service of summons shall apply to the service of the notice. Advocate shall receive notice on behalf of the Caveator unless the caveat has expired before the filing of the expected application: Provided that when an application comes up for hearing, if the caveator or his Advocate takes notice, it shall not be necessary for the Court to serve notice on the Caveator again. 6. The appointment of an Advocate by the Caveator under Rule 4 of Order III will be sufficient for the suit, appeal or proceedings in relation to which application is expected, provided the same is filed while the caveat remains in force. An endorsement to that effect showing the details of the appointment including the name of the Advocate and the address for service shall be made by the Chief Ministerial Officer of the Court on the plaint, appeal or proceeding. It shall not be necessary to file any further appointment under sub-rule (2) of that Rule. 7. If the Caveat is not lodged in accordance with these Rules, it shall be rejected.

Section OLIV – Code of Civil Procedure, 1908 (CPC - As amended by Commercial Courts Act, 2015 - Applicable for Commercial Courts only) | DailyLaw.ai