THE HIGH COURT OF MEGHALAYA SHILLONG
N O T I F I C A T I O N
Dated Shillong, 3rd February, 2014
HIGH COURT OF MEGHALAYA CAVEAT RULES,2014
No.HCM.II/430/2013/279.
In exercise of powers conferred by Article 225 of the Constitution of India and all other powers enabling in this behalf, the High Court of Meghalaya, makes the following Rules relating to Caveats –
1. These Rules shall be called High Court of Meghalaya Caveat Rules, 2014
and shall come into force from the date the same are notified.
2. Every Caveat to be lodged under Section 148A of the C.P.C shall be drawn
up in the manner prescribed in Form ‘A’ annexed herewith and filed in “The Filing
Section of the High Court of Meghalaya.”
3. All Caveats shall be accompanied by Postal Receipt of service of notice of
the Caveat by Registered Post with A.D on the person by whom the application has
been expected to be made, in respect of which the Caveat is being lodged under
Section 148A, sub-section(1).
Provided that in a case where Caveat is lodged in pending proceeding, instituted through Advocate, the Caveator shall also annex to his caveat a receipt showing service of such caveat by the said Advocate.
4. Every caveat shall contain the following particulars :
a) Name and full postal address of the person lodging caveat.
b) Name of the applicant in respect of whose application the caveat is
intended to be lodged and the full postal address of such applicant.
c) The Court by which the decree or order referred to in the caveat was
passed together with the number and the year of the suit or proceeding in which the
decree or order was passed.
d) Particulars of the proceeding of the High Court, in case the caveat is being
lodged in a pending proceeding with reference to which the caveat is being lodged.
e) Value of the suit or proceeding.
f)(i) A statement that the notice of the caveat had been served on the person
by whom the application in respect of which the caveat is being lodged has been or
is expected to be made.
(ii) Every caveat shall bear requisite court fee stamp.
(iii) Every caveat shall be signed and dated either by the person lodging the
caveat or his Advocate.
(iv) When a caveat is being lodged through an Advocate, a Vakalatnama
executed by the Caveator and accepted by the said Advocate shall be annexed to the
caveat and such a Vakalatnama will remain in the force for the purpose of
appearance on behalf of the Caveator in the proceeding instituted and in all matters
arising therefrom or connected therewith.
5. When a Caveat is not in proper form or is otherwise defective, the
Registrar General/Deputy Registrar may allow the defects to be removed within such
time as the Registrar General/Deputy Registrar may direct.
6.(i) All caveats in respect of applications expected to be made in any
proceeding to be instituted shall be entered in the appropriate Register to be
maintained and the said Register shall contain the following particulars :
a. Serial number
b. Date
c. Name of Caveator with address
d. The name of the applicant with address
e. Number and nature of the proceeding to be instituted
f. Valuation of the proceeding
g. Number and year of the suit or other proceeding in which the order or
decree had been passed and with relation to which the application is expected to be
made.
h. The Court which passed that decree or order.
(ii) All Caveators in respect of applications made or expected to be made in
any proceeding pending shall forthwith be incorporated in the records of that
proceeding and the fact of the lodging of such caveat shall be recorded in the order
sheet under the date and signature of the Superintendent of that Department
dealing with the said proceeding.
7. A caveat shall form part of the proceeding in connection with which the
same is lodged. The caveat in respect of which no proceeding in connection with
which the same is lodged. The caveat in respect of which no application is filed
within the time prescribed by sub-section 5 of Section 148A of the Code be deposited
in the Filing Section and be preserved for one year. Immediately on presentation of
a caveat it shall form part of the proceeding and on the covering page of Part 1 File
A of the High Court there should be a seal with appropriate signature of the officer in
charge of the Filing Section. The seal should be conspicuous so that the attention of
the Court might be drawn from the impression that the caveat has been filed in the
proceeding. Such seal and signature should be there in the second Judge’s copy as
well.
8. No caveat shall be entered in the Register unless the application is
accompanied by a self addressed envelope with requisite postal stamp for
registration and other costs required to be deposited by the Registrar General or the
Deputy Registrar for service of notice upon the caveator under Section 148A (30 of
the C.P.C).
9. A Court fee of ` 20/- or Court fee prescribed by the Court Fee Act shall be
affixed on every caveat. Every caveat shall be entered in the Register of Caveats
maintained for the purpose and examined by the Stamp Reporter of the High Court.
If he finds that the caveat complies with the requirements, he shall make an
endorsement on the caveat examined and may be registered. If he finds that the
caveat does not comply with the requirements, he shall place the matter immediately
before the Registrar General or Deputy Registrar for necessary orders.
10. A caveat return for non compliance with the provision of the Rules or
provisions of Section 148A of the Code may be presented afresh if rectified within the
time granted by the Registrar General or the Deputy Registrar.
11. An affidavit shall state the rights and interest of the caveator and the
grounds of objection to the application.
12. Immediately upon entry in the Register of caveats, the Stamp Reporter
shall place the Register before the Registrar General or Deputy Registrar for
necessary orders. After lodgment of a caveat the Caveator or the person by whom
the caveat has been lodged, shall also be referred as “the caveator” and shall cause
due notice of the caveat, serve in accordance with the provisions of Section 148(1), if
any.
13. After a caveat has been lodged under Section 148A(1), if any application,
suit/appeal is filed in respect of which the caveat has been filed, the Court shall serve
a notice of the application/suit/appeal to the Caveator provided the Caveator has
deposited the requisite cost and expenses for such service of notice upon him.
14. The address for service on the caveator must be within a radius of five
kilo meters from the Court house. The Caveator shall expressly state the person on
whom the caveat should be served, if the caveator is found absent. If the caveator
is found absent, a person or his agent appointed for the purpose is also not found at
the residence indicated by the applicant. However, if the caveator authorizes his
lawyer to accept notice, service on his lawyer will be sufficient service of notice for
the purpose of Section 148.
FORM – I
IN THE HIGH COURT OF MEGHALAYA
(Civil/Criminal Appeal/Revisional/Original Jurisdiction)
In the matter of
An application (set out the particulars)
An appeal from (set out the particulars)
-And
In the matter of
Name of the Caveator
Plaintiff/Defendant/Appellant/Respondent/Petitioner/Opposite Party.
In the proceeding in the Court below or authority below.
To
The Registrar General/Deputy Registrar(Judicial), High Court of Meghalaya,Shillong
Sir,
Under Section 148A of the C.P.C, I am lodging a caveat in respect of an application/appeal/revision which is expected to be made/has been made in a proceeding instituted/about to be instituted in this High Court, let no order be made on such application except on notice to me. I am furnishing the necessary particulars hereunder.
Yours faithfully,
PARTICULARS
a. Name and full postal address of the person lodging caveat.
b. Name of the application in respect of whose application the caveat is
intended to be lodged and the full postal address of such applicant.
c. The Court by which the decree or order referred to in the caveat was
passed together with the number and year of the suit or proceeding in which the
decree or order was passed.
d. Particulars of the proceeding of the High Court in case the caveat is being
lodged in a pending proceeding with reference to which the caveat is being lodged.
e. Value of the suit or proceeding.
f. A statement as to how the notice of the caveat has been served on the
person by whom the application in respect of which the caveat is being lodged has
been ordered is expected to be made.
g. Name and address of the advocates appearing on behalf of the caveator on
whom due service shall be deemed to be proper service on the caveator, or such
address of the caveator or his agent for service on the caveator within a radius of ten
kilometers from the Court house.
By Order,
REGISTRAR GENERAL
