MARAPPA GOUNDER Vs. PERAMANDAMPALAYAM PANCHAYAT

JUDGEMENT

(1.) THE defendants in O.S. No. 226 of 1998 on the file of the District Munsif-cum-Judicial Magistrate, Peramathi are the revision petitioners.

(2.) THE petitioners herein filed a suit O.S. No. 165 of 1998 on the file of the same Court for a permanent prohibitory injunction restraining the respondent herein from interfering with the possession over the scheduled property. THE subject matter of the suit O.S. No. 165 of 1998 is S.F. No. 398/2, having an area of 1.64 acres. THE reason for filing the suit was that the defendant, who is a local authority, has threatened the plaintiff to form a metal road along with bund over which he claims absolute title. It is also stated therein that the local authority came to the suit property and attempted to damage the same, which was resisted by the plaintiff. THE plaintiff also apprehended that the defendant may file a suit against him and therefore, filed a Caveat No. 140 of 1998 on the next day of filing the suit. THE suit was filed on 10.9.1998 and the caveat was filed on 11.9.1998. THE Caveat was received by the respondent. In the Caveat, apart from saying that the defendant is about to file a suit against the petitioner, he also stated that he is expecting a litigation in S.F. No. 398/2. He, therefore, wanted the notice to be issued to him before any order is passed in the suit proposed to be filed by the respondent.

(3.) THE object of the provision seems to safeguard the interests of the person against an order that will be passed on the application filed or expected to be filed by the party to the suit or proceeding instituted or about to be instituted. Such a person lodging a caveat may not be necessary party to such application, but he may be affected by an order that may be passed on that application. THE further object of the provision is to avoid multiplicity of the proceedings. Order 52 to the Code of Civil Procedure as amended by our High Court provides the procedure for filing caveat. A form was also prescribed under Rule 1 of Order 52 of the Code of Civil Procedure.