Caveat Petition under Section 148A CPC
A caveat petition tells a civil court that you want to be heard before it passes any order on an application you expect from the other side. Section 148A of the Code of Civil Procedure, 1908 governs it, and it stays in force for 90 days from the date it is lodged.
What it is
A caveat petition is a short request to a court that says: if the other side files an application against me, tell me first. Once it is lodged, the court must serve notice of that application on you before making an order.
Its job is to stop an ex parte order. Without a caveat, a court can grant an interim injunction or a stay after hearing only one side. With one on record, you are in the room from the first hearing.
Here is the catch: an urgent injunction application can be taken up the day it is filed. Learn of it only when the order arrives, and the damage is done. No caveat, no notice.
The law is Section 148A of the Code of Civil Procedure, 1908. It was added by the Code of Civil Procedure (Amendment) Act, 1976. It lets “any person claiming a right to appear before the Court” lodge a caveat where an application is expected, or has been made, in a suit or proceeding filed or about to be filed.
A caveat is a court document. We draft it for your review, and a practising advocate signs it and lodges it in the court concerned.
Who it applies to
You expect an injunction against you
A landlord, tenant or business partner has threatened to “get a stay”. If you expect them to rush to court for an interim injunction, a caveat makes sure you are heard first.
You have won and expect an appeal
You hold a decree or order in your favour, and the losing side may appeal and seek a stay of execution. A caveat in the appellate court puts you on notice of that stay application.
You are in a business dispute
A fight under a shareholders’ agreement or a supply contract can open with an urgent application for interim relief. A caveat in the likely court keeps a one-sided order off your business.
Why it matters
Avoid an ex parte surprise
Section 148A(3) requires the court to serve notice of the application on the caveator. A one-sided interim order becomes much harder to get.
Get the papers early
Under Section 148A(4), the applicant must “forthwith” give you a copy of the application and supporting documents, at your expense.
Act early, at low cost
A caveat runs to a page or two. Undoing an injunction once granted means a fresh round of hearings.
Documents required
About you
- Your name and address, or the company’s name, registered office and authorised signatory
- Board resolution or authority letter, if a company or firm is the caveator
- Vakalatnama in favour of the advocate
About the dispute
- Name and address of the person you expect to file
- Details of any suit, order or decree already passed, with its number and court
- Copies of key papers: agreement, notice received, order or judgment
For filing and service
- The caveat petition, signed by the advocate
- Your supporting affidavit, where the court’s practice requires one
- Court fee as the registry prescribes
How it works
Identify the court and the likely application
We work out where the other side is likely to file: a civil court, an appellate court or the High Court. A caveat only works in the court where the application lands.
Say a Faridabad factory owner has ended a lease, and the tenant, whose rental agreement has expired, threatens to sue to stop dispossession. Section 16 CPC sends most suits about immovable property to the court where the property is situated, so the caveat goes to the civil court at Faridabad.
Draft the caveat for your review
We draft the caveat naming you, the expected applicant and the suit or proceeding. You read every line before it is signed.
Lodge it through a practising advocate
A practising advocate signs the caveat and lodges it with the registry, with the court fee and vakalatnama. The 90-day clock starts that day.
Serve notice by registered post AD
Section 148A(2) puts this duty on you as caveator. We send it by registered post AD and keep the receipt and the AD card.
Track the 90 days and the cause list
We diarise the expiry date. When the application comes in, your advocate gets the papers and appears at the first hearing, ready to oppose interim relief.
What a caveat does and does not do
| A caveat does | A caveat does not |
|---|---|
| Entitle you to notice of the application in that court | Stop the other side from filing a suit or application |
| Get you copies of the application and documents under Section 148A(4) | Decide the dispute or give you any relief by itself |
| Give you a chance to oppose interim relief at the first hearing | Cover a different court from the one where it was lodged |
| Last 90 days from lodging | Survive day 90 if no application has been made |
A caveat is purely defensive. To press a claim of your own, start with a legal notice and then a suit through your advocate.
Timelines
Stay protected for 90 days
Under Section 148A(5), a caveat stops being in force after 90 days from the date it was lodged, unless the expected application is made before those 90 days end.
Notify the other side at once
The caveator serves notice by registered post AD on the person expected to apply, under Section 148A(2). We post it as soon as the caveat is lodged.
Receive copies “forthwith”
Once served with your notice, the applicant must forthwith give you copies of the application and supporting papers, at your cost (Section 148A(4)).
What happens if the caveat lapses
Lose the right to notice
After 90 days with no application filed, the caveat is no longer in force. If they file on day 91, the court has no caveat to honour.
Face a possible ex parte order
Without a live caveat, the court may hear the applicant alone and grant interim relief, which you must then apply to set aside.
Lodge a fresh caveat
In practice, the other side may simply wait for day 91. If the threat is still real, lodge a fresh caveat. We track the expiry so there is no gap.
Frequently asked questions
What is a caveat petition under Section 148A CPC?
It is a request to a civil court to give you notice before it decides an application you expect the other side to file. Section 148A of the Code of Civil Procedure, 1908 lets any person claiming a right to appear at that hearing lodge one. The court must then serve notice of the application on you, so you can oppose it at the first hearing.
How long is a caveat valid?
A caveat is valid for 90 days from the date it is lodged. Section 148A(5) says it will not remain in force after that, unless the application it covers is made before the 90 days end. If the risk continues, a fresh caveat can be lodged. We note the expiry date when we file so your cover does not lapse unnoticed.
When should I file a caveat?
File it as soon as you expect the other side to seek an urgent order. Typical triggers are a threatened injunction suit or a decree you have won that may be appealed with a stay application. The caveat lasts 90 days, so lodge it when the threat is real, not months before. We help you judge the moment.
In which court is a caveat filed?
It is filed in the court where you expect the application to be made: for a fresh suit, the civil court with jurisdiction over the dispute; for an appeal, the appellate court. A caveat in one court does not cover another, so if the other side could pick between two courts, you may need two caveats. We map the likely courts first.
Who serves notice of the caveat on the other side?
The caveator does. Section 148A(2) requires the person lodging the caveat to serve notice of it on the expected applicant by registered post, acknowledgement due. The postal receipt and the returned AD card prove service. Once served, the applicant must give you copies of the application and documents. We handle the dispatch and keep the proof on file for you.
Does a caveat stop the other side from filing a case?
No. A caveat does not bar anyone from filing a suit or application. It only ensures that, under Section 148A(3), the court serves notice of the application on you before deciding it. The other side can still file, but it cannot get a quiet one-sided interim order in that court while the caveat is in force. That is the protection you need at this stage.
Do I get copies of the other side’s application?
Yes. Under Section 148A(4), once notice of your caveat has been served on the applicant, they must forthwith furnish you with a copy of the application and the papers filed in support, at your expense. Your advocate can then prepare a reply before the first hearing instead of asking for time. We collect the papers and brief your advocate.
Does Taxhint file the caveat in court?
We draft the caveat and supporting papers for your review, and a practising advocate signs it and lodges it in court, because court filings must be signed by a practising advocate. We coordinate the paperwork, the registered post notice and the 90-day diary, so you deal with one team throughout.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
The court fee on a caveat is set by the court-fees law that applies to that court, and the registry confirms it at filing. Postage for the Section 148A(2) notice is extra.
Ready to begin?
Tell us who may go to court, and where. We will draft your caveat and have it lodged through a practising advocate.