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Section 148-A (3) of CPC - Mandatory Service Before Passing Orders
The court must serve a copy of the plaint and application on the caveator before passing any interim order, as mandated by Section 148-A (3) of the CPC. This serves as a condition precedent to ensure the caveator's rights are protected and proper notice is given. Failure to comply is considered a violation of statutory procedure. Meena VS Mohit Kumar Gupta & Anr. - Himachal Pradesh, V. Palanisamy VS Shanmugha Gounder & Others - Madras, Nagireddy Tulasi Katyayini VS Bathina Sujatha - Andhra Pradesh, Akhilesh Kumar Jaiswal VS Karunesh Jaiswal - Allahabad, Addanki Hanumantha Rao VS Addanki Srinivasa Rao - Andhra Pradesh -
Role of Caveat and Rights of Caveator
Filing a caveat grants the caveator the right to be heard before any interim or ex parte orders are passed. The caveator's right to notice is emphasized, and non-compliance with Section 148-A (3) can invalidate subsequent orders. Courts are mandated to follow the proper procedure, including serving notice, to uphold the caveator's rights. Meena VS Mohit Kumar Gupta & Anr. - Himachal Pradesh, V. Palanisamy VS Shanmugha Gounder & Others - Madras, Nagireddy Tulasi Katyayini VS Bathina Sujatha - Andhra Pradesh, Akhilesh Kumar Jaiswal VS Karunesh Jaiswal - Allahabad, Om Dutt Sharma VS Ram Dutt Sharma - Uttarakhand -
Legal Consequences of Non-Compliance
Ignoring the provisions of Section 148-A (3), such as not serving notice to the caveator, results in illegal or void orders. Courts have been directed to adhere strictly to these procedural requirements; otherwise, interim orders or stay orders may be set aside or deemed invalid. G. C. SIDDALINGAPPA VS G. C. VEERANNA - Karnataka, Addanki Hanumantha Rao VS Addanki Srinivasa Rao - Andhra Pradesh, Om Dutt Sharma VS Ram Dutt Sharma - Uttarakhand -
Judicial Interpretations and Case Law
In Siddalingappa vs. Veeranna (1981 AIR Karnataka 242), the court underscored that serving notice on the caveator as per Section 148-A (3) is a mandatory step before passing interim orders. The courts have consistently held that non-compliance with this provision contravenes statutory requirements and affects the legality of orders passed. Meena VS Mohit Kumar Gupta & Anr. - Himachal Pradesh, V. Palanisamy VS Shanmugha Gounder & Others - Madras, Nagireddy Tulasi Katyayini VS Bathina Sujatha - Andhra Pradesh, Akhilesh Kumar Jaiswal VS Karunesh Jaiswal - Allahabad, Addanki Hanumantha Rao VS Addanki Srinivasa Rao - Andhra Pradesh -
Scope and Limitations of Section 148-A
The provisions are applicable primarily when a caveat is filed. In situations where a caveat is not lodged, or the procedural requirements are not met, Section 148-A may not be invoked. The courts have clarified that the procedural safeguards are designed to protect the caveator's rights specifically. Pheru Singh VS Nayadar - Allahabad
Analysis and Conclusion
Section 148-A (3) of the Civil Procedure Code establishes a mandatory procedural step requiring courts to serve notices on the caveator before passing interim orders. This ensures fair opportunity for the caveator to be heard and prevents ex parte or arbitrary decisions. Courts have consistently emphasized strict adherence to this provision, and failure to comply renders orders illegal or liable for challenge. The case law, notably Siddalingappa vs. Veeranna, reinforces that procedural compliance under Section 148-A (3) is a condition precedent, vital for safeguarding the rights of caveators and maintaining procedural integrity in civil litigation.
Search Results for "Civil Procedure Code s 148 a 3 Siddalingappa"
2021 0 Supreme(HP) 487 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN
counsel or the caveator before passing interim orders, as per Section 148-A (3) of the Civil Procedure Code and established procedures ... CAVEAT - Civil Procedure Code - The court emphasized the importance of serving copies of the plaint and application on the caveator's ... Siddalingappa vs. Veeranna, (1981) AIR Karnataka 242, it was held as under:- "Section 148-A (3) of Civil Procedure Code is a condition precedent for serving a....
2009 0 Supreme(Mad) 2813 • India - Madras
M.VENUGOPAL
Caveat - Civil Procedure - Section 148-A, Order VII Rule 3 of Civil Procedure Code, Rule 11 of Civil Rules to Practice, Order ... Ratio Decidendi: The court's decision was influenced by the interpretation of Section 148-A of the Civil Procedure Code and ... XLI, R.11 of the C.P.C - The court discussed the requirement of serving notice on the concerned respondent, the appointment of an ... Siddalingappa V. Veeranna....
2025 0 Supreme(AP) 514 • India - Andhra Pradesh
RAVI NATH TILHARI
(A) Code of Civil Procedure - Section 148-A - Caveat procedure - The petitioner did not serve the caveat notice prior to filing CRP ... -A of the C.P.C. ... ... ... Result: Directions for proper procedure regarding caveats and ensuring all parties' rights are upheld were issued. ... Siddalingappa v. G.C. ... Section 148-A of Code of Civil Procedure (in short C.P.C.) reads as under : [148-A. ... Sub-section (#H....
2021 0 Supreme(All) 1484 • India - Allahabad
RAVI NATH TILHARI
. or any other provision, the Courts can not ignore the mandate of Section 148-A (3) C.P.C - It is the right of caveator of being ... Code of Civil Procedure, 1976 - Order 43 and 39 Rule 1 and 4 - Section 24 and 148A - Civil Suit - Right ... The suit was instituted in Court of Civil Judge (Junior Divisoin). ... Siddalingappa v. G C. ... Sub-section (3) of Section 148-A, CPC thus makes it mandatory for the Court to....
1981 0 Supreme(Kar) 154 • India - Karnataka
K.A.SWAMI
Caveat - Civil Procedure - S. 148a - The court discussed the provisions of S. 148a of the Code of Civil Procedure, which affords ... Final Decision: The Civil revision petition was allowed, and the order granting the interim order of stay was set aside. ... The court found that the lower appellate Court acted illegally and in contravention of the provisions of S. 148a of the Code ... A. 3 under Order 41 Rule 5 read with S. 151 of CPC, for staying the operation of t....
2004 0 Supreme(AP) 1490 • India - Andhra Pradesh
D.S.R.VERMA
seeking appointment of Advocate-Commissioner to note down physical features of suit schedule property - Senior Civil Judge passing ... he had lodged caveat ... Duty is caste on Court by virtue of sub-sec(3) ... notice to caveator, it would amount to violation and non compliance of mandatory requirement of law as envisaged in Sec148-A of Code ... and (4) of Section 148-A c. ... 148-A of the code. ... The Division Bench had elaborately dealt with all the practical sit....
2008 0 Supreme(Mad) 3146 • India - Madras
M.JEYAPAUL
) - 148-A(3) - 148-A(4) - 148-A(5) - The court discussed the provisions of Section 148-A of the Code of Civil Procedure and emphasized ... Caveat - Specific Performance of Agreement of Sale - Section 148-A of the Code of Civil Procedure - 148-A - 148-A(1) - 148-A(2 ... The court emphasized the mandatory provisions of Section 148-A of the Code of Civil Procedure ....
2009 0 Supreme(AP) 50 • India - Andhra Pradesh
P.S.NARAYANA
Civil Procedure Code, 1908—Section 148-A—Filing of caveat—Effect—When caveat is filed, interim order cannot be passed without issuing ... Court in G.C.Siddalingappa Vs. ... It was clearly in violation of the provisions of Section 148-A. In G.C. Siddalingappa Vs. G.C. ... The precise question that is now raised is whether the aforementioned failure of the Court to act in accordance with the requirements of sub-section (3) of Section 148-A is a failure relating to its j....
2016 0 Supreme(UK) 400 • India - Uttarakhand
U.C.DHYANI
Caveat - Interim Relief - Section 148A CPC - [Section 148A CPC] - The court discussed the provisions of Section 148A CPC and emphasized ... serving a notice of the application on the caveator and the consequences of non-compliance with the provisions of Section 148A CPC ... hearing on any interlocutory application before passing any interim order against the caveator, as provided under Section 148A CPC ... Siddalingappa vs. G.C. Veeranna, reported in [1981] 0 Supreme (Kar) 154 : ... “7....
1987 0 Supreme(All) 135 • India - Allahabad
R.R.MISRA
3. Scope and interpretation of Section 148-A of the Code of Civil Procedure. Ratio Decidendi: 1. ... CAVEAT - RIGHT TO LODGE - SECOND APPEAL - APPLICABILITY OF SECTION 148-A OF THE CODE OF CIVIL PROCEDURE - RESPONDENT'S RIGHT TO ... It further held that the provisions of Section 148-A of the Code of Civil Procedure are inapplicable in such a situation. ... So far as Section 141 is concerned, it provides that the procedure provided in the Co....
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