Section 86 in The Appellate Side Rules of The High Court at Calcutta
86. Notwithstanding anything contained in any other rules -
(i)every application other than those specified in Rule 7 hereunder shall be filed in the Central Filing Section of the appellate side of this court and the said application shall contain a statement whether the applicant had been served with the notice of the caveat or not and if so, whether the applicant had furnished the caveator with a copy of the application and also with copies of any paper or document which have been or may be filed in support of the application;(ii)on receipt of such an application the office shall with reference to the register of caveats or the order - sheet in case of pending proceedings, forthwith make an endorsement thereon as to whether any caveat had been lodged in respect of such an application and unless otherwise directed by the court shall serve notice thereof by registered post at the cost of the caveator; provided that where the caveat had been lodged through an advocate such service may be effected through the advocate;(iii)subject to any direction by the court, every application in respect of which a caveat has been lodged shall be placed in the Daily Cause List for hearing not before the expiry of 7 days from the date of the issue of the registered notice under clause (ii) hereof;(iv)inclusion of such an application in the Daily Cause List shall constitute service of notice upon the caveator under sub - section (3) of section 148A of the Code of Civil Procedure;(v)every application in respect of which no caveat has been lodged shall forthwith be listed for hearing with necessary endorsement referred to in clause (ii) hereof.
