The court must serve notice to the caveator's counsel or the caveator before fixing the date for the hearing of the application and passing any interim orders, as per Section 148-A(3) and Rule 6 of Order 52 of the Civil Procedure Code.

This revision has been filed against an order dated 18. 1991 in I.A.No.13577 of 1991 in O.S.No.5731 of 1991 on the file of the 18th Assistant Judge, City Civil Court, Madras. The said order is one granting interim injunction. Originally the matter was posted to 9. 1991 for service of notice. Again, the interim order was extended and the matter was being adjourned from time to time. Ultimately, on 210. 1991 the order passed was,

“Hearing advanced from 210. 1991 to to-day as per order in I.A.No.16229 of 1991. Counter filed, Stayed by P.O. in C.M.P.No.1341 of 1991 till 11. 1991.”

All that happened in the court of the Fourth Assistant Judge, City Civil Court, Madras. Thereafter the proceedings were transferred to the file of the 18th Assistant Judge by order of the Principal Judge, City Civil Court, Madras. Then onwards the matter was being adjourned from time to time without any reasons being recorded by the Judge for such adjournments. It is now stated by learned counsel for the respondent that there is no interim order as the injunction order was not continued after 210. 1991. As at present, the interlocutory application stands posted to 111. 1992, the said application shall be disposed of immediately. Though there is no interim order, it is in the interests of justice that the court hears both parties and disposes of the application which is one under 0.39, Rules 1 and 2, C.P.C. Hence with the consent of parties who are appearing before me, I direct the 18th Judge, City Civil Court, Madras, to hear I.A.No.13577 of 1991 on 111. 1992 and if necessary, on subsequent dates continuously and pass appropriate orders in accordance with law. Orders shall be passed in the said application on or before 30.11.1992 and a report thereof submitted to this Court.

2. The petitioners have got another grievance which is more important than the grievance set out earlier. That is this. The petitioners had entered caveat in the proceedings and as per the provisions of Sec.148-A and 0.52, C.P.C. the respondent before filing the suit and the interlocutory application for injunction had served copies thereof on the petitioners’ counsel. But at the stage neither the suit nor the application was numbered and no date had been fixed with the result that the copies served on the petitioners’ counsel did not contain the number of the suit and the number of the interlocutory application. Petitioners were not, therefore, in a position to know the date to which the suit and the application were posted; nor were they informed by the respondent’s counsel that he would be moving the application for orders on a particular date.

.3. Under Sec.148-A(3) and Rule 6 of 0.52 of the C.P.C, where after a caveat has been lodged, any application is filed in a suit, appeal or revision or any other proceeding the court shall serve a notice of the application on the pleader for the caveator, if any, or the caveator in the manner provided for service on defendant, respondent or opposite parly of summons to appear and all provisions applicable to such summons shall apply to the service of such notice. Thus the rule imposes a duty on the court to serve a notice of the application on the caveator’s pleader or caveator just in the same manner as a summons would be served. In this case, the court did not serve any notice on the caveator’s counsel or the caveator after fixing the date for the hearing of the application in the first instance. The court passed an order of interim injunction on 18. 1991 and directed notice to the defendants-respondents. The procedure adopted by the court is clearly erroneous and in violation of Sec.l48-A(3) and Rule 6 of 0.52, C.P.C.

4. The proper procedure to be adopted in all cases where caveat has been filed is for the plaintiff/ petitioner to serve copies of the plaint and application on the caveator’s counsel or the caveator before filing them in court. He must inform the caveator or his counsel as the case may be, the date on which