MUTHU JAYANTHI Vs. C MAHADEVAN

JUDGEMENT

(1.) This Original Side Appeal is filed against recalling of the Order dated 10.4.2013, granting Interim Injunction. The said Order of Interim Injunction was passed without noticing the Caveat papers filed before the Court by the Defendants/Respondents in the Interim Application. When the Original Application No. 255 of 2013 came up for hearing on 22.11.2013, on noticing the fact that Caveat was filed by the Defendants after duly serving to the Plaintiff, the learned Single Judge recalled the Order dated 10.4.2013. Learned Counsel for the Appellant submits that the Caveat received by the Plaintiff in the Suit/Appellant was not brought to the notice of the Counsel and therefore, an endorsement was made as if no Caveat was filed. Learned Single Judge, considering the said plea that the Caveat was served on the Plaintiff on 1.2.2013, chose to recall the Interim Order passed, as the Appellant has not complied with the requirements as contemplated under Section 148A, Clause (4) of Civil Procedure Code and directed the Respondents to file Counter. The contention of the learned Counsel that his client has not informed about the receipt of Caveat Notice cannot be a valid reason. The said statement reveals the suppression of fact by the Appellant. Thus, the Appellant moved the Interim Application by suppression of fact and obtained an Interim Order which is bound to be recalled. The mandatory duty of giving Notice before hearing a Petition for Interim Order, if caveat is filed under Section 148A of Code of Civil Procedure Code, was considered in several decisions. In the decision reported in C. Seethaiah v. Government of Andhra Pradesh, 1983 AIR(AP) 443 the Division Bench of Andhra Pradesh High Court held that once a Caveat is filed, it is a condition precedent for passing an Interim Order to serve a Notice of the Application on the Caveator who is going to be affected by the Interim Order. The said Judgment was rendered by the Andhra Pradesh High Court by following the judgment of the Karnataka High Court reported in G.C. Sigadda Lingappa v. G.C. Veeranna, 1981 AIR(Kar) 242