Section 159 in Rules of the High Court of Judicature for Rajasthan, 1952
159. Hearing by Bench.
(1)In the case of appeals, petitions and applications other than those dealt with under rule 158, the Registrar shall fix a date for hearing by the appropriate Bench. Intimation of the date shall be given to party or his counsel andhis signature taken on the order sheet in token of receipt of intimation.(2)[ Unless a caveat as provided in sub-rule (3) has been lodged by the other parties who appeared in the court below, such appeals, petitions and applications shall be heard ex-parte, but the Court, if it thinks fit, may direct issue of notice to the respondent, and adjourn the hearing of the appeal, petition or application, as the case may be:Provided that where an appeal petition or application has been filed beyond the period of limitation prescribed therefore and is accompanied by an application for condonation of delay, the Court shall not condone the delay without notice to the respondent.(3)Where an appeal, petition or application is expected to be lodge, or has been lodged but is pending admission, any person claiming a right to appear before the Court on the hearing of such appeal, petition or application may lodge a caveat in the matter thereof, and shall thereupon be entitled to receive from the Registrar notice of the lodging of the appeal, petition or application at the time of the lodging of the caveat such appeal, petition or application has not yet been lodged, and if and when the appeal, petition or application has been lodged, to require the appellant, petitioner or applicant to serve him with copy of the appeal, petition or application and to furnish him at his own expense, with copies of any papers lodged by the appellant, petitioner or applicant, in support of his appeal, petition or application. The caveator shall forthwith after lodging his caveat, give notice thereof to the appellant, petitioner or applicant, as the case may be, if the appeal, petition or application has been lodged.(4)Where a caveat has been lodged as aforesaid, notice of the hearing of the appeal, petition or application shall be given to caveator, but a caveator shall not be entitled to costs of the appeal, petition or application unless the Court otherwise orders.] [Added by No. No. Gen/XV (a) 6/72/1052, dated 20-9-1972, published in Rajasthan Gazetted part IV-C, dated 28-12-72, p. 708 (42)]
