ORDER LI – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

ORDER LI . PRESIDENCY SMALL CAUSE COURTS

 

ORDER LI . PRESIDENCY SMALL CAUSE COURTS

 

1. Presidency Small Cause Courts

Save as provided in rules 22 and 23 o Order V, rules 4 and 7 of Order XXI, and rule 4 of Order XXVI, and by the Presidency Small Cause Courts Act, 1882 (15 of 1882), this Schedule shall no extend to any suit or proceeding in any Court of Small Causes established in the towns of Calcutta, Madras and Bombay.

 

HIGH COURT AMENDMENTS

 

Gujarat.-In Order LI, in rule 1, for the words “in the towns of Calcutta, Madras and Bombay”, substitute the words “in the cities of Ahmedabad, Bombay, Calcutta and Madras”, (w.e.f. 19-3-1962)

 

Kerala.-Omit Order LI. (w.e.f. 9-6-1959)

 

Allahabad.-After Order LI, insert the following Order, namely:-

 

“ORDER LII

 

1. Rule 38 of Order XLI shall apply, so far as may be, to proceedings under section 115 of the Code.”

 

[Vide Notification No. 1465/35(a)-5(4), dated 1st June, 1918.]

 

Gujarat.-Same as in Allahabad.

 

Madras.-After Order LI, insert the following Order, namely:-

 

“ORDER LII
LODGING OF CAVEAT

 

1. 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 Appendix Dl. The Caveat shall be accompanied by- ,.

 

(a) as many copies of the notice of Caveat as will be required to be served on the applicant or applicants;

 

(b) the Court-fees prescribed for the Caveat; and

 

(c) the fees prescribed for service of such notice of Caveat.

 

2. Every Court shall maintain a Register called the Register of Caveats containing the following particulars, namely:-

 

(1) Serial Number.

 

(2) Date of presentation of Caveat.

 

(3) Date upto which the Caveat will remain in force.

 

(4) Name and address of Caveator.

 

(5) Address for service of the Caveator within the jurisdiction of the Courtj

 

(6) Name and address of the Pleader, if any, for the Caveator.

 

(7) The number of the proceeding, if any, on the file of the Court in which the Caveat is tiled.

 

(8) 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).

 

(9) Name and address of the applicant or petitioner or the expected applicant or petitioner.

 

(10) Date of service on the applicant or petitioner or expected applicant or petitioner by the Caveator.

 

(11) Signature of the Caveator or his Pleader, if any.

 

3. As soon as a person lodges a Caveat as provided in rule 1 above, an entry shall
be made in the Register of Caveats in the presence of the Caveator himself or his pleader, who shall sign the register aforesaid.

 

4. When a person makes an application for any interlocutory orders in a suit, appeal, revision or any other proceeding, he shall look into the Register of Caveats and make an endorcement in the application as to whether or not a Caveat has been entered with respect to his application as verified from the Register of Caveats.

 

5. As soon as the Caveator lodges a Caveat, he 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, and file proof of such service.

 

6. Where after a Caveat has been lodged, any application is filed in a suit, appeal, revision or any other proceeding, the Court shall serve a notice of the application on the Pleader 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 such summons shall apply to the service of such notice:

 

Provided that at the time when an application comes up for hearing, the Caveator or his Pleader takes notice, it shall not be necessary for the Court to serve a notice on the Caveator.

 

7. (a) In respect of the proceedings in the Subordinate Civil Courts in the State and in the appellate Jurisdiction of the High Court of Judicature at Madras Court-fee payable on the Caveat shall be that provided for in the Tamil Nadu Court-fees and Suits Valuation Act, 1955.

 

(b) In respect of the proceedings on the file of the original side of the High Court, the said fee shall be that provided for in the High Court-fees rules.

8. The fees for service of notice of the Caveat shall be those provided for in the Rules of the High Court, Madras, Original Side, 1956 or in the Rules of the High Court, Madras, Appellate Side, 1965 or in the Rules relating to service and execution of processes made under sub-section (1) of section 80 of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955, as the case may be.

 

9. If the Caveat is not lodged in accordance with these Rules, it is liable to be rejected in limine.

 

APPENDIX D1

 

IN THE COURT OF …………………………………………………………..
Application……………………No …………….of……………..19…./20……

in

No…………………………………of…………………………19…./20…. .

……………………………………………………………………………..Caveator

Versus

…………………………………………………..Applicant/Petitioner or expected applicant

 

or petitioner

 

The address of the Caveator for service of notice within the jurisdiction of this Court is…….

 

The address of the applicant/petitioner or expected applicant/petitioner for service is……..

 

Let nothing be done in the above matter without notice to the Caveator. :]

 

The Caveator above named undertakes to forwith serve a notice of the Caveat by Registered Post with acknowledgement due on the applicant/petitioner or expected applicant/petitioner and file proof of such service.

 

 

Dated………………..

 

CAVEATOR”

 

Counsel for Caveator.

 

[Vide Tamil Nadu Gazette, Pt. III, Sec. 2, dated 6th Augu
st, 1980.]

 

 

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Civil Procedure Code 1908

 

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