SECTION 148-A OF CPC- A CRITICAL

ANALYSIS

A CIVIL PROCEDURE CODE- I PROJECT

SYNOPSIS SUBMISSION

SUBMITTED BY:
NISHEETH AGRAWAL
ROLL NO.: A005
SY BBA LLB (HONS)
BATCH: 2015-2020
TRIMESTER VI
SUBMITTED TO:
PROF. SHRIKANT AITHAL
DATE: 10/04/2017
 STATEMENT OF PROBLEM

The Code of Civil Procedure (CPC) is deemed to be one of the primary procedural laws in India
which is neither involved in taking away the rights nor in engendering, it is solely into regulating
the court procedure. The CPC has been majorly amended in 1951 and 1956. It was further
modified according to the changing needs of the society in 1976, 1999 and in 2002 (Based on the
Law Commission reports).

The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil
proceedings in India.

Caveat application in the Indian court means that you are requesting any court that if in case a
specified person or organization files a case in the court in which you are having some valid
interest than no order should be passed by that honble court without giving you a notice
about that case being filed and also without listening your side in that matter.

The word Caveat has not been defined by the Civil Procedure Code. In fact it has been
introduced into it only recently. Therefore to understand it we must take its usual meaning.
Caveat literally means let him beware.

OBJECTIVE

The objective is to grasp a fundamental understanding of the provision relating to caveat, its
need and relevance and its working and after doing so, to attempt a critique based on this
understanding. This researcher also aims to analyze issues related to the interpretation and
application of the provision related to caveat and to point out suggestions if any are required.
This will be done by analysing the legal provisions and relevant case laws on the subject.

REVIEW OF LITERATURE

The researcher while in the making of this project will go through various books, various articles
and journals, various e-resources to acquire the required information for the successful
completion of this research project. Some of them are listed below:-

C.K. TAKWANI, CIVIL PROCEDURE (CPC) WITH LIMITATION ACT, 1963

(Eastern Book Company 2015)
BARE ACT: CODE OF CIVIL PROCEDURE, 1976

RESEARCH METHODOLOGY

There are two kinds of data- primary and secondary data. Data which is collected for the first
time by an investigator to suit the purpose of his research is called primary data and the data
collected by somebody else to suit some other purpose which may be used by the researcher is
called secondary data.

This is pure research essentially for academic purposes. A larger part of the paper is secondary
research based. As the Judiciary has been active in interpreting the same in case to case basis, a
major source of data is the Judgements. Besides these, papers by people whove similar research
have been referred to. Comments on the judicial decisions have been cited from published books.

RESEARCH QUESTIONS

The following are the research questions of this project:

1. What is meant by caveat?
 2. Why is the object behind its enactment?
3. Is the object of caveat justified?
4. How has the Section 148-A been interpreted and applied?
5. Does caveat further the interests of justice or hinder it
LIST OF CASES

Nirmal Chand v Girindra Narayan

Reserve Bank of India Employees association & Anr. V. The Reserve Bank of India and
Ors
B.Santhosh v. Jagat Ram & Anr
C.G.C. Siddalingappa v. G.C. Veeranna

TENTATIVE CHAPTERIZATION

CHAPTER 1: INTRODUCTION
CHAPTER 2: Research Methodology
CHAPTER 3: Legal Analysis Study of Relevant Legal Framework
CHAPTER 4: Role Of the Judiciary Judicial Activism and framing important declarations.
CHAPTER 5: Conclusion and Suggestions