Whether notice is served on the O.P before filing Caveat?

Querist : Anonymous (Querist) 25 February 2010 This query is : Resolved
Dear sir,
Please inform whether it is mandatory to do the service on the O.P/Respondents before filing caveat application in the Appellate court?
Thanks

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niranjan (Expert) 25 February 2010
Yes,byregd.post,ack.due, and you have to submit the receipt of having posted the notice with your caveat.

seshagiri Rao (Expert) 25 February 2010
I agree with Mr.Niranjan in this regards

Raj Kumar Makkad (Expert) 25 February 2010
Yes. It is mandatory.

B K Raghavendra Rao (Expert) 25 February 2010
The caveator shall send the caveat petition to the OP/Respondent by registered post acknowledgement due to the last known address and postal receipt for having sent the petition must be furnished to the appellate court as said by Mr. Niranjan. But, service i.e. acknowledgement for having received the same by the OP/Respondent is presumed and proof not required.

Swami Sadashiva Brahmendra Sar (Expert) 25 February 2010
Exact and sufficient reply have been given by the experts. further elaboration not required.

Parveen Kr. Aggarwal (Expert) 26 February 2010
Section 148-A of the Code of Civil Procedure, 1908:

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