1995 A I H C 2793 ::(1994) 1 WLC (RAJ) 609 ::(1994) 1 Raj LR 447 ::(1993) 1 Raj LW 549 ::(1994) 3 ServLR 421

Rajasthan High Court

Hon'ble Judge(s): Kc Agrawal , C.J. AND V.k. Singhal , J

(A) Civil P. C. (1908) , S.148-A— Caveat - Notice to caveator - Procedure - Writ Appeal - Admission of is only a procedural matter between the Court and the appellant - Want of notice to caveator does not invalidate admission - Caveator to be heard only before granting stay or injunction. The provision under S.148 A and the object of its inclusion in Civil P. C. by 1976 amendment does not require that the caveator should be heard before the Court admits a proceeding. It is only a matter of procedure between the party seeking admission and the Court. Want of notice at stage of admission to caveator does not invalidate the admission. No prejudice is caused to the caveator and admission can be challenged at the time of final hearing. (B) Constitution of India , Art.226, Art.12— New plea - Writ Appeal - Ground that respondent is not 'State' under Art.12 being a pure question of law was allowed to be raised in Writ Appeal. (Para 12) .....