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1983 Supreme(Bom) 285

SUJATA V.MANOHAR
Nav Digvijaya Co-operative Housing Society Ltd. – Appellant
Versus
Sadhana Builders & ors. – Respondent


JUDGMENT - SUJATA V. MANOHAR, J.:---The defendants have filed a caveat under section 148-A of the Civil Procedure Code in an application for execution made by the plaintiffs under Order 21, Rule 54 and Order 21, Rule 43 of the Civil Procedure Code. Under section 148-A of the Civil Procedure Code sub-section (1) provides as follows :---

"148-A. (1) Where an application is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof."

Under section 148-A (1) therefore, any person who claims a right to appear before the Court on the hearing of an application can file a caveat under that section in anticipation of such application being made. The result of filing such a caveat is that once such a caveat is filed a notice of any application in such a suit or proceeding must be given to the caveator. The filing of a caveat prevents ex parte orders being made in proceedings where the caveator has ordinarily a right to be heard. The provisions of section 148-A are, therefore, attracted in cases of such proceeding



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