Dr. R. R. Misra, J.

1. Pheru Singh, the defendant-appellant, has filed the present second appeal in which a caveat has been filed on behalf of the plaintiff-respondent. At the time of the admission-hearing of the appeal, a preliminary objection was raised by the learned counsel for the appellant regarding maintainability of the caveat application. Accordingly learned counsel for the parties have been heard.

2. The first objection taken by the learned counsel for the appellant is that no caveat lies in second appeals and the caveator has got no right of hearing at the admission stage as the provisions of Section 148-A of the Code of Civil Procedure are not applicable in such a case. This objection has been stoutly refuted to by the learned counsel for the caveator. Sri Tarun Agrawal, Advocate, who appears as counsel for the caveator, submits that the aforesaid objection raised by the appellant has got no force. In support of his submission, he relies on the provisions of Section 148-A of the Code of Civil Procedure. The said section reads as follows :-

"148-A. Right to lodge a caveat- (1) Where an application is expected to be made, or has been made, in a suit or proceeding