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Interim Orders and Temporary Injunctions Questions and Answers

1.

Provisions regarding Right to lodge a caveat has been discussed in which section of the Code of Civil Procedure, 1908?

Exam Year(s)

DSSSB - 2023,

Answer: C

The right to lodge a caveat is provided by Section 148A of the Code of Civil Procedure, 1908: any person claiming a right to appear before the court on the hearing of an application that is expected to be made in a suit may lodge a caveat so that no order is passed without notice to him.

Section 148 is the power to enlarge the time fixed for doing an act, and Sections 153 and 155 belong to the group of provisions on amendment and miscellaneous powers of the court. Only the section lettered A is the caveat provision.

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2.

"Right to lodge a caveat" had been discussed in which section of the Code of Civil Procedure, 1909 ?

Exam Year(s)

DSSSB - 2023,

Answer: A

The right to lodge a caveat is in Section 148A of the Code of Civil Procedure. A person who expects an application to be made in a suit may lodge a caveat with the court so that he is given notice before any order is passed.

Sections 145 and 146 deal with enforcement of the liability of sureties and with proceedings by or against representatives, and Section 147 with the persons under disability, so they relate to other matters. The year 1909 in the question is a misprint for 1908.

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