"ORDER LIII

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 AppendX
D-1. The Caveat shall be accompanied by
(a) as many copies of the notice of Caveat as will be required to be served on he
applicant or applicants;
(b) the Court-fees prescribed for the Caveat; and
(c) the fees prescribed for service of such notice of Caveat.
 THE CODE OF CIVIL PROCEDURE,1908 503

Every
Court shall maintain a Register hereafter called the Register of Caveats
2. the following particulars, namely -
containing
) Serial Number.

O Date of
presentation of Caveat.
up to which the Caveat will remain in force.
(3) Date
4) Namne and address of Caveator.
(5) Address for service of the Caveator within the jurisdiction of the Court.

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

(6)
The nåmber of the proceeding, if any, on the file of the Court in which the
(7) Caveat is filed.

(8) The number of the proceedings 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).
(0 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.
Rule 1 above, an entry shall
3. As soon as a person lodges a Caveat as provided in
Caveator himself or his Pleader,
be made in the Register of Caveats in the presence of the
who shall sign the register aforesaid.
interlocutory orders in a suit,
4. When a person makes an application for anyinto the Register of Caveats and
look
appeal, revision or any other proceeding, he shall
whether or not Caveat has been entered
make an endorsement in the application as to
Register of Caveats.
with respect to his application as verified from the service notice of the
a Caveat, he shall forthwith
3. As soon as the Caveator lodges
by registered post acknowledgment due on the person by whom the application
Caveat such service.
has been made or is expected to be made, and file proof of
been in asuit, appeal,
lodged any appication is filedapplication
b. Where after a Caveat has on the
proceeding, the Court shall serve a notice of service
revision or any other in the manner
provided for
Pleader for the Caveator, if any, or on the Caveator
of summons to appeal. All
provisions
on a defendant respondent or opposite party,
service of such notice :
applicable to such summons shall apply to the the Caveator
application comes up for hearing, notice on the
Provided that at the time whern an for the Court to
serve a
or his Pleader takes notice, it shall not be necessary
Caveator. andin
Courtsin the Statepayable
subordinate Civil
in the Judicature at Madras, Court-fee
7. (a) In Tespect of proceedings Court of Valuation
he appellate jurisdiction of the High Nadu Court-fees and Suits
on the provided for in the Tamil
Act, 1955.Caveat
: shall be that Court,
of the High
the original side
on the file of Rules.
(b) In respect of the proceedings High Court-fees
said fee shall be that provided forin the those provided for in the
Caveat shall be High Court,
of the of the processes
fees for service of notice orin the Rules
Rules of The Original Side, 1956, execution of
and
the High Court, Madras, the Rules relatingto service
Appellate Side, 1965 or in
 504
THE CODE OF CIVIL PROCEDURE, 1908

made under sub-section (1) of Section 80 of the the Tamil [OR.

Valuation Act, 1955, as the case may be. Nadu Court-fees and
9. If the Caveat is not lodged in accordance with these rules,
Suits
it is
rejected in limine. liable to be
APPENDIX D-!
Form of Caveat
IN THE COURT OF
Application/Petition No. of 2001 in No. of 2001
Caveator
Versus
Applicant/Petitioner
The address of the Caveator
or expected applicant or
petitioner.
for service of notice within the
this Court is.... jurisdiction of
The address of the
fo: service is..... applicant/petitioner or
expected applicant/ petitioner
Let nothing be done in the above
matter without notice to the Caveator.
The Caveator abovenamed
Registered Post with undertakes to forthwith serve a notice of
the Caveat by
applicant/petitioner andacknowledgment
due on the applicant petitioner or
file proof of such service. expected
DATED......
Counsel for Caveator
CAVEATOR"
-TN. Govt. Gaz., 6-8-1980, Pt. III, S. 2, p.
202.