Sections 148 and 148A of the Code of Civil Procedure, 1908
Section 148 gives the Court limited power to enlarge a period fixed or granted for doing an act under the CPC. Section 148A gives a person who expects an application affecting his rights to lodge a caveat so that he receives notice before the application is heard.
Section 148 CPC - Enlargement of time
Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period, not exceeding thirty days in total, even though the period originally fixed or granted may have expired.
What Section 148 CPC means
Section 148 allows a Court to extend time that it has fixed or granted for an act required or permitted by the CPC. The statutory text limits the enlargement under this section to thirty days in total, and the Court may exercise the power even after the original period has expired.
Section 148A CPC - Right to lodge a caveat
(1) 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.
(2) 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).
(3) 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.
(4) 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.
(5) 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.
What Section 148A CPC means
A caveat is a procedural safeguard for a person who expects that another party may move an application affecting his rights. Once a valid caveat is lodged and the corresponding application is filed, the Court must serve notice of that application on the caveator.
The caveator must serve notice of the caveat on the expected applicant by registered post with acknowledgement due. After receiving notice of the caveat, the applicant must furnish the caveator, at the caveator's expense, with a copy of the application and supporting papers or documents filed by the applicant.
A caveat ordinarily remains in force for ninety days from the date of lodging. If the anticipated application is made before the ninety-day period expires, the statutory duties connected with the caveat continue in relation to that application.