148A. Right to lodge a caveat

 

Code of Civil Procedure Section

 

¹[148A. Right to lodge a caveat.—(1) Where an application is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.

(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been, or is expected to be, made, under sub-section (1).

(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.

(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator’s expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.

(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.]

Note: 1. Ins. by Act 104 of 1976, s. 50 (w.e.f. 1-5-1977).

 

Code of Civil Procedure Section

Enlargement of time

 

Code of Civil Procedure Section

 

148. Enlargement of time.—Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period, ¹[not exceeding thirty days in total,] even though the period originally fixed or granted may have expired.

Note: 1. Ins. by Act 46 of 1999, s. 13 (w.e.f. 1-7-2002).

 

Code of Civil Procedure Section

Consent or agreement by persons under disability

 

Code of Civil Procedure Section

 

147. Consent or agreement by persons under disability.—In all suits to which any person under disability is a party, any consent or agreement, as to any proceeding shall, if given or made with the express leave of the Court by the next friend or guardian for the suit, have the same force and effect as if such person, were under no disability and had given such consent or made such agreement.

 

Code of Civil Procedure Section

Proceedings by or against representatives

 

Code of Civil Procedure Section

 

146. Proceedings by or against representatives.—Save as otherwise provided by this Code or by any law for the time being in force, where any proceeding may be taken or application made by or against any person then the proceeding may be taken or the application may be made by or against any person claiming under him.

 

Code of Civil Procedure Section

Section 145: Enforcement of liability of surety

Code of Civil Procedure Section 144. Application for restitution.

 

145. Enforcement of liability of surety.—Where any person 1[has furnished security or given a guarantee]—

(a) for the performance of any decree or any part thereof, or

(b) for the restitution of any property taken in execution of a decree, or

(c) for the payment of any money, or for the fulfilment of any condition imposed on any person, under an order of the Court in any suit or in any proceeding consequent thereon, ¹[the decree or order may be executed in the manner therein provided for the execution of decrees, namely:—

(i) if he has rendered himself personally liable, against him to that extent;

(ii) if he has furnished any property as security, by sale of such property to the extent of the security;

(iii) if the case falls both under clauses (i) and (ii) then to the extent specified in those clauses, and such person shall, be deemed to be a party within the meaning of section 47]:

Provided that such notice as the Court in each case thinks sufficient has been given to the surety.

Note: 1. Subs. by Act 104 of 1976, s. 49, for certain words (w.e.f. 1-2-1977).

 

Code of Civil Procedure Section 146. Proceedings by or against representatives.

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Application for restitution

 

Code of Civil Procedure Section

 

144. Application for restitution.—(1) Where and in so far as a decree ¹[or an order] is ²[varied or reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the purpose, the Court which passed the decree or order] shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place the parties in the position which they would have occupied but for such decree ¹[or order] or ²[such part thereof as has been varied, reversed, set aside or modified]; and for this purpose, the Court may make any orders, including orders for the refund of costs and for the payment of interest, damages, compensation and mesne profits, which are properly ²[consequential on such variation, reversal, setting aside or modification of the decree or order].

³[Explanation.—For the purposes of sub-section (1), the expression “Court which passed the decree or order” shall be deemed to include,—

(a) where the decree or order has been varied or reversed in exercise of appellate or revisional jurisdiction, the Court of first instance;

(b) where the decree or order has been set aside by a separate suit, the court of first instance which passed such decree or order.

(c) where the Court of first instance has ceased to exist or has ceased to have jurisdiction to execute, it, the Court which, if the suit wherein the decree or order was passed were instituted at the time of making the application for restitution under this section, would have jurisdiction to try such suit.]

(2) No suit shall be instituted for the purpose of obtaining any restitution or other relief which could be obtained by application under sub-section (1).

Note: 1. Ins. by Act 66 of 1956, s. 13.

2. Subs. by Act 104 of 1976. s. 48, for certain words (w.e.f. 1-2-1977).

3. Ins. by. s. 48, ibid. (w.e.f. 1-2-1977).

 

Code of Civil Procedure Section

Postage

 

Code of Civil Procedure Section

 

143. Postage.—Postage, where chargeable on a notice, summons or letter issued under this Code and forwarded by post, and the fee for registering the same, shall be paid within a time to be fixed before the communication is made:

Provided that the State Government ¹*** may remit such postage, or fee, or both, or may prescribe a scale of court-fees to be levied in lieu thereof.

Note: 1. The words “with the previous sanction of the G.G, in C.” omitted by Act 38 of 1920, s 2 and the First Schedule, Pt. I

 

Code of Civil Procedure Section