(1.) This is all about validity of a 'caveat'. Sub-rules (3) and (4) of Rule 139 of the Rajasthan High Court Rules are as under:-
(2.) The caveat was filed en 16-10-81. According to Section 148-A (5), C.P.C. relied upon by Mr. Mehta for the purpose of analogy, the caveat remains into force for 90 days only. Section 148-A. C.P.C. reads as under:-
(3.) Mr. Calla's objection is that firstly no caveat can be entertained without passing of the impugned order, as would be evident from the prescribed form requiring the caveator to mention the date of judgment or order. Mr. Mehta has prayed that since this case has been admitted without notice and hearing of caveator, the order of admission should be recalled.