G.M.Lodha, J. - (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:- "(3) Where an appeal, petition or application is expected to be lodged or has been lodged but is pending admission, any person claiming a right to appear before the Court on the hearing of such appeal, petition or application may lodge a caveat in the matter thereof, and shall thereupon be entitled to receive from the Registrar notice of the lodging of the appeal, petition or application or at the time of the lodging of the caveat, such appeal, petition or application has not vet been lodged. and if and when the appeal, petition or application has been lodged. to require the appellant, petitioner or applicant to serve him with copy of the appeal. petition or application and t0 furnish him at his own expense, with copies of any papers lodged by the appellant. petitioner or applicant, in support of his appeal, petition or application. The caveator shall forthwith after lodging his caveat, give notice thereof to the appellant, petitioner or applicant, as the case may be, if the appeal, petitioner application has been lodged. (4) Where a caveat has been lodged as aforesaid, notice of the hearing of the appeal, petition or application shall be given to the cavea or, but a caveater shall not be entitled to costs of the appeal, petition or application unless the Court, otherwise orders."
(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:- "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. (2) Where a caveat has been lodged under Sub-section (1). the person by whom the caveat has been lodged (hereinafter referred to as the caveator shall serve a notice of the caveat by registered post acknowledgement due on the person by whom the application has been. or is expected to be made under Sub-section (1). (3) Where after a caveat has been lodged under Sub-section (1). any application is filed in any suit or proceeding, the Court. shall serve a notice of the application on the caveator. (4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator, at the caveator's expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be filed- by him in support of the application. (5) Where a caveat has been Indeed under Sub-section (1) such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in Sub-section (1) has been made before the expiry of the said period."
(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.;