A caveat is an application under Section 148A of the Code of Civil Procedure 1908 by which a person who expects an ex parte application to be made against them asks the court to hear them before any order is passed on it. You file it in the court where that application is expected, on the court's prescribed form, stating the nature of the apprehended application and giving an address within the court's jurisdiction for service. The court then serves you notice of the application, so that you are heard before an ex parte order goes against you.
Before you start
- The court and, where known, the proceeding in which the application is expected.
- The names and descriptions of the parties, and your relationship to the dispute.
- The nature of the apprehended application - for example an application for ex parte ad interim injunction, ex parte attachment, or an ex parte order in execution.
- An address for service within the local limits of the court's jurisdiction.
- An affidavit in support, and a vakalatnama if an advocate files it.
- Ready payment of the caveat fee the court's schedule prescribes. A civil litigation format for the caveat application keeps the recitals in order.
Who files it: typically someone who has received a notice, or has reason to believe the other side will move the court ex parte - the opposite party in an apprehended suit, or a respondent in a pending matter. A threatened injunction over property is the classic trigger.
Steps
- 1. Choose the court correctly. File the caveat in the court that will hear the apprehended application. A caveat in the wrong court does nothing.
- 2. Draft the caveat application under Section 148A CPC. State the parties, the apprehension, and the relief you expect to be sought.
- 3. Give a service address within jurisdiction. The caveat must carry an address within the local limits of the court for service of notice; a distant address defeats the purpose.
- 4. Support it by affidavit. The facts of the apprehension and of your interest are sworn, so the court can act on them.
- 5. File with the prescribed fee. Take the caveat number and the acknowledgment and keep them, because you may have to refer to them when the notice comes.
- 6. Note the life of the caveat. Section 148A gives the caveat a limited life - the section lays down ninety days from filing, unless the court directs otherwise - so a caveat in a long-drawn dispute is renewed before it lapses.
- 7. Appear when the notice comes. The court serves notice of the application on the caveator; on that notice you enter appearance and are heard before any ex parte order is made.
The notice the court sends is not an invitation to delay the application; it fixes a date on which you are heard. Read it against your caveat number, and appear even if you have nothing to file, because a caveat that is not followed up on the date leaves the other side free to press for the ex parte order that the caveat was meant to forestall.
A caveat is not a substitute for a plaint or a written statement. It secures your right to be heard at the ex parte stage only; once that stage is over, the matter proceeds on the ordinary pleadings and the ordinary hearing.
Documents to keep
- The caveat application and the affidavit in support.
- The caveat number and the filing acknowledgment.
- Proof of the service address given.
- The notice served on you, and your appearance, filed and dated.
What goes wrong
- Filing in a court that will not hear the application. The caveat is useless where the application is not going to be made.
- Omitting a service address within the court's jurisdiction. Without it the notice cannot reach you, which is the whole object.
- Letting the caveat lapse. A caveat for a person expecting a long fight has to be renewed before the period runs out.
- Treating a caveat as a stay. It secures a hearing, not an order in your favour.
- Assuming it covers a different proceeding or bench. A caveat is tied to the court and the apprehended application it names; a related civil litigation matter needs its own caveat where the threat is separate.
Common questions
What does a caveat actually achieve?
It entitles you to notice and a hearing before an ex parte order is passed on the apprehended application. It does not block the filing of that application, and it does not by itself grant you any relief.
How long does a caveat remain valid?
Section 148A gives it a life of ninety days from filing unless the court directs otherwise. If the threat outlasts that period, file a fresh caveat.
How is a caveat different from an injunction?
A caveat is a request to be heard; an injunction is an order restraining a party. The caveat may be what gets you heard before an ex parte injunction application is considered.
Can I file a caveat before any proceeding is filed?
Yes - the caveat is designed for the case where the application is only expected. But it must be filed in the court where that application would be made.
FileX Advocates & Legal Consultants, Kolkata, drafts and files caveats and appears on the notice that follows before the Calcutta High Court, the City Civil and Sessions courts and the district courts. Call +91 7439811422 or WhatsApp us for a first consultation.