K P HARIKRISHNAN Vs. C K JACOB

JUDGEMENT

(1.) Does a Caveat Petition lie in regard to a petition under Article 226 of the Constitution of India. This is the question to be answered in this petition. The petitioner has filed this Caveat O.P. under Section 148A of the Code of Civil Procedure. The contents of the petition would show that the caveator claims notice of any appeal or other proceedings filed against the order of the State Consumer Disputes Redressal Commission or against the order in E.P. No. 121/04 of the District Consumer Disputes Redressal Forum, Ernakulam. The High Court Registry has noted a defect, namely that the order of the State

(2.) Rule 148A of the High Court Rules provides as follows:

(3.) It is clear that no Caveat Petition is maintainable in proceedings under Article 226 of the Constitution of India. It may be true that the principles in the Code of Civil Procedure may apply. It is clear, therefore; that a Caveat Petition under Section 148A is not maintainable in proceedings instituted under Article 226. I uphold the objection of the Registry and find that the petition filed by the petitioner under Section 148A C.P.C. will not lie in regard to a petition under Article 226 of the Constitution of India.