MARATT RUBBER LTD Vs. GEORGE THARAKAN

JUDGEMENT

(1.) The revision petitioner is the defendant in O. S.1. of 1984 in the Sub Court, Sherthallay. The plaintiffs respondents instituted the suit against the defendant for recovery of money, on 1-10-1984. On the same day I.A.1 of 1984 was filed under O.38 R.5 and 6 of C.P.C. for attachment, of immovable properties before judgment. The court had made an ex parte order of attachment on that application. The defendant entered appearance and filed a Counter pointing out that a caveat was filed in Sub Court Alleppey on 23-8-1984 and interim order without notice to the defendant is void. That application was rejected by the Court below by order dated 27-10- 1984. The revision is directed against that order.

(2.) The Sub Court at Sherthallay was established with effect from 24-9-1984. This Court was given part of the territorial jurisdiction of the Sub Court, Alleppey. The short point arising for consideration in this revision is whether the caveat filed before the Alleppey Sub Court before the establishment of the new court at Sherthallay is effective on the date of the suit.

(3.) S.148-A (3) C. P. C. provides that 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. The object of the Section is to provide an opportunity to such opposite parties to be heard before an ex parte order is made and show cause why it should not be passed. Sub-sec. (1) of S.148-A enables any person claiming a right to appear before the Court on the hearing of such application for interim order to lodge a caveat. Sub-sec. (2) requires such a caveator shall serve a notice of the caveat on the person by whom the application has been, or is expected to be made. Sub-sec. (3) requires that before such an order is made, the Court shall serve a notice of the application on the caveator, and sub-sec. (4) requires that the applicant on whom any caveat has been served shall forthwith furnish the caveator, with a copy of the application together with copies of any paper or document filed or intended to be filed in support of his application. Such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application has been made before the expiry of the said period.