ISSUE:
Whether a person is entitled to lodge a caveat under Section 148-A of the Code of Civil Procedure, 1908 (“CPC”), without specifying the relevant application and the right under which he appears before the court?
Whether the assumption of service of notice of requisition under Section 3 of the Land Acquisition Act, 1947 (“LA Act”), without verification, is valid for the purposes of adjudication in execution proceedings?
RULE:
Under Section 148-A of the CPC, any person who claims a right to appear in a hearing of an application in a suit or proceeding may lodge a caveat. However, the caveator must specify the nature of the application, the person expected to file it, and their right to appear.
Any service of notice under statutory provisions must be duly verified, and an assumption of such service cannot form the basis of adjudication without proper inquiry.