Section 148A of CPC : Section 148A: Right to lodge a caveat.

Explanation using Example

Example 1:

Scenario: Property Dispute

Ravi and Suresh are brothers who are in a dispute over their ancestral property. Ravi plans to file an application in the court to get an injunction against Suresh to prevent him from selling the property. Suresh, anticipating this move, decides to lodge a caveat in the court.

Application of Section 148A:

1. Lodging the Caveat: Suresh, expecting Ravi to file an application for an injunction, lodges a caveat in the court under Section 148A(1).
2. Serving Notice: After lodging the caveat, Suresh serves a notice of the caveat to Ravi by registered post, as required by Section 148A(2).
3. Court's Notice: When Ravi files the application for an injunction, the court serves a notice of this application to Suresh, the caveator, as per Section 148A(3).
4. Providing Documents: Upon receiving the notice of the caveat, Ravi is required to provide Suresh with a copy of his application and any supporting documents, at Suresh's expense, according to Section 148A(4).
5. Validity of Caveat: The caveat lodged by Suresh remains in force for 90 days from the date of lodging unless Ravi files the application within this period, as stated in Section 148A(5).

Example 2:

Scenario: Tenant Eviction

Meera is a tenant in a property owned by Rajesh. Rajesh plans to file an eviction suit against Meera, claiming she has violated the terms of the lease. Meera, anticipating this action, decides to lodge a caveat in the court.

Application of Section 148A:

1. Lodging the Caveat: Meera, expecting Rajesh to file an eviction suit, lodges a caveat in the court under Section 148A(1).
2. Serving Notice: After lodging the caveat, Meera serves a notice of the caveat to Rajesh by registered post, as required by Section 148A(2).
3. Court's Notice: When Rajesh files the eviction suit, the court serves a notice of this application to Meera, the caveator, as per Section 148A(3).
4. Providing Documents: Upon receiving the notice of the caveat, Rajesh is required to provide Meera with a copy of his application and any supporting documents, at Meera's expense, according to Section 148A(4).
5. Validity of Caveat: The caveat lodged by Meera remains in force for 90 days from the date of lodging unless Rajesh files the application within this period, as stated in Section 148A(5).