Vaishnavi Enterprises Limited, a family-owned company, is in possession of a disputed piece of immovable property in Coimbatore, which is reflected in its assets. The Company Secretary, A, has strong apprehension that a

CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2025
Vaishnavi Enterprises Limited, a family-owned company, is in possession of a disputed piece of immovable property in Coimbatore, which is reflected in its assets. The Company Secretary, A, has strong apprehension that a former shareholder, B, who is claiming ownership rights over the said property, is likely to file a case in the Court. A, as the Company Secretary, wants to ensure that no interim order or injunction is passed by the Court in favour of B against the company without giving Vaishnavi Enterprises Limited an opportunity of being heard. On the basis of the facts as above attempt the following questions: What is the legal remedy available under the Code of Civil Procedure, 1908 ?

Answer & Explanation:

Legal Remedy Available under the Code of Civil Procedure, 1908 Caveat is a Latin term which means, '(let a person) beware' originated in the mid-16th century. In law, it may be understood as a notice, especially in probate, that certain actions may not be taken without informing the person who gave the notice. It may simply be understood as a warning. In the Civil Procedure Code of 1908 (hereinafter, the Code) it was inserted under section 148A by the recommendations of the Law Commission of India's 54th Report and was inserted by the Civil Procedure Code (Amendment) Act 104 of 1976. Section 148A of Civil Procedure Code, 1908 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. 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). 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. 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. 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. Vaishnavi Enterprises Limited may avail the remedy of Caveat provided under section 148A of Civil Procedure Code, 1908.

Topics: Civil Procedure Code, 1908

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