JUDGMENT I.B. Singh, Member. - I have heard the learned counsel for appellant in both the appeals for admission. 2. The learned counsel for respondent wanted to oppose the admission on the basis of caveat having been filed which was vehemently opposed by the learned counsel for the appellant on the ground that order 41 rule 11 of the C.P.C. requires hearing only by counsel for appellant or revisionist and does not provide for hearing of the counsel for respondent or opposite party and that caveat is filed under Section 148-A of the C.P.C. which provides only for opposing any application to be moved in suit or proceeding which does not cover appeal. 3. I was argued in reply that an appeal or revision are continuation of the suit and the filing of caveat entitled to oppose admission of appeal or revision including any stay application etc. 4. There is no doubt that appeal or revision are in continuation of the suit as now it is settled point of law. Section 148-A of the C.P.C. runs as follows:- 5. "Section 148-A. 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.
(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." (Force supplied) 6. Section 148-A quoted above provides hearing of any application to be moved by any person claiming a right to appear before the court on the hearing of such application. It no where lays down that by filing of caveat such person is entitled to even oppose the admission of appeal or revision which are continuation of the suit. Because appeal or revision are not an application moved in then the memo of appeal and revision are different from other applications moved in them. 7. Order 41, Rule 11(1) of the C.P.C. runs as follows:- "11. Power to dismiss appeal without sending notice to lower court - (1) The appellate court, after sending for the record if if thinks fit so do, and after fixing a day for hearing the appellate or his pleader and hearing him accordingly. If he appears on that day, may dismiss the appeal without sending notice to the court from whose decree the appeal is referred and without serving notice on the respondent or his pleader." (Force supplied) 8. It is clear from the reading of Rule 11(1) or Order 41 of the C.P.C. that only the appellant or revisionist or his pleaders are required to be heard and not counsel for respondent or opposite party or his pleader at the stage of admission of appeal or revision, even when caveat has been filed. 9. It is another case that notices have been issued to the respondents or opposite parties for admission of appeal or revision in that case the respondent or opposite parties or his pleader are entitled to and oppose the admission but in no other case. 10.
9. It is another case that notices have been issued to the respondents or opposite parties for admission of appeal or revision in that case the respondent or opposite parties or his pleader are entitled to and oppose the admission but in no other case. 10. It is, therefore held that by filing caveat under Section 148-A of the C.P.C. caveator or counsel are not entitled to oppose admission of appeal or revision. They are entitled only to be heard when any application is expected to be moved or has been moved in appeal or revision. Both the appeals are hereby admitted. 11. I have heard the learned counsel for the parties regarding stay application. 12. It has been argued that unless stay is granted the appeals will become infructuous and it will be very hard. 13. It has been argued that the appellants have not been found in possession and the order passed by the courts below have been incorporated in the Khatauni extract of 1388 to 1390 Fasli which has been filed alongwith the application today. 14. The operations of the orders of the courts below are stayed till further orders and the status quo of the entries be maintained unless already changed according to the orders of the courts below. 15. Fix November 8, 1983 for final hearing of both the appeals together. Let records be summoned. Notices be issued. Steps to be taken within 10 days. 16. This order shall govern both the appeals.