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Bare acts > Code of Civil Procedure, 1908 > Order 51 Rule 1


1. Presidency Small Cause Courts.- Save as provided in rules 22 and 23 of 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 not extend to any suit or proceeding in any court of small causes established in the towns of Calcutta, Madras and Bombay.


Bombay.- In sub-rule (1) after the proviso insert -—

“Explanation - The copy of decree referred to in sub-rule (1) of Rule 1 above shall include a deemed decree as provided in Order XX in clause (b) in sub-rule (2) of Rule 6-A” Mah. Govt. Gaz., 31.12.1987 l’t. IV Ka p.788. Gujarat.- For “in the town of Calcutta
Madras and Bombay” substitute in the cities of Ahmedabad, Bombay, Calcutta and Madras.” (20.3.1962)

Kerala.- Order LI be omitted (9.6.1959)

Order LII : Allahabad.- Add the following as Order LII, Rule 1:

Order LII—”Rule 1.- Rule 38 of order XLI shall apply, so far as may be, to proceedings under Section 115 of the Code.” (1.6.1918).

Gujarat.- Same as for Allahabad.

Madras and Pondicherry.- After Order LI add Order LII as follows:

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 had 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 D-1. The Caveat shall be accompanied by—.

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

(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 hereafter called the Register of caveats containing the following particulars, namely:—

(1) Serial Number.

(2) Date of presentation of caveat.

(3) Date up to 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 Court.

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

(7) The number of the proceeding. ii any, on the file of the Court in which the caveat is filed.

(8) The number of the proceedings in the lower Court against which further proceedings are take 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 he 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 make 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 endorsement in the application as to Whether or not caveat has been entered with respect to his application as verfied 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 acknowledgment 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 application on the Pleader for the caveator, if any, or on the caveator in the manner provided for service on a defendant respondent or opposite party, of summons to appeal. 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 Caveat or.

7. (a) In respect of 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 I-ugh 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 I ugh 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 process 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.






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