P BHAGAVANULU Vs. T RAJALINGASASTRY T RAJAN

JUDGEMENT

(1.) This Civil Revision Petition raises the question of applicability of Section 148-A of the Code of Civil Procedure to execution proceedings. The learned Single Judge before whom this revision-petition came up for hearing, felt that the said question is an important one likely to affect a large number of cases and accordingly, directed the matter to be posted before a Division Bench.

(2.) Section 148-A has been introduced by the Civil Procedure Code (Amendment) Act, 1976. It reads thus:

(3.) Sub-Section (1) provides that where an application is expected to be made, or has been made/in a suit or proceeding instituted or about to be instituted/ any person claiming a right to appear before the court on the hearing of such application/may lodge a caveat in respect thereof. Sub-Section (2) provides the manner in which the cavea- tor should serve the caveat upon the person making the application. Sub-section (3) obliges the court to serve a notice of the application upon the caveator once a caveat is filed which means before any orders are passed. Sub- Section (4) obliges the person upon whom the caveat has been served, to furnish a copy of the application and other documents filed along with it, to the caveator, Sob-Section (5) provides that a caveat filed shall not remain in force after the expiry of ninety days unless the application by the other side has been made meanwhile