K.C.AGARWAL, J. - (1.) On a reference made by the Hon'ble the Chief Justice, the application filed by the plaintiff respondents in the second appeal for acceptance of caveat has been listed before us.
(2.) The controversy in a not shell is whether S.148-A of the Code of Civil Procedure is applicable to appeals. Section 148-A providing for a "Right to lodge a caveat" has been inserted by the Code of Civil Procedure (Amendment) Act, 1976 (104 of 1976). Recommending this new provision, the Law Commission in its 54th Report observed : "In order that a party who wishes to indicate his intention to have notice of an intended application by an adverse party may be authorised to do so, a provision for caveat may be, in our view, useful. The relevant provision in the Supreme Court Rules (O.XIX, R.2) is intended for cases where no appeal is pending, but a similar provision, modified so as to be applicable to cases where a suit is pending as well as to those where a, suit is about to be instituted would be helpful."
(3.) Sub-Section (5) of S.148-A provides that a caveat lodged under Sub-Sec. (2) shall not remain in force after the expiry of ninety days.;