AIR 2003 DELHI 219 ::(2003) 4 IndLD 99 ::(2003) 103 DLT 370 ::(2003) 69 DRJ 572

Delhi High Court

Hon'ble Judge(s): S. Mukherjee , J

(A) Civil P.C. (5 of 1908) , O.39 R.3— Procedure - Caveator served with complete set of papers in advance of case being listed in Court - Name of caveator shown in cause list - No necessity for compliance with O. 39, R. 3 for granting notice to opposite party. Wherever there is a caveator who has been served with a complete set of papers in advance of the case being listed in the Court, and the name of the caveatoris shown in the cause list, there can be no necessity for compliance with O. 39, R. 3 of the Code of Civil Procedure. The reason is simple. Once there is a caveator who has filed a @page-Del220 caveat, and the compliance of the caveat has been done that party (caveator) is before the Court and the ad interim order being passed is not an order of ex parte nature, or an order at pre notice stage. As such the provisions of O. 39, R. 3, CPC would not be attributed at all. Once caveator has been served with the complete set of papers, thereafter it is not within the control of the plaintiff as to when exactly the case will be listed. The Registry of the Court may raise one or more objections or for any other reason the matter may be listed after a gap of a few days. However, as soon as the name of the defendant/caveator's counsel is shown in the list, that is itself intimation of all practising Advocates, about the case bei....