A caveat under Section 148A of the Code of Civil Procedure is filed by a person who expects that someone will approach a court for an interim order against them. Once filed, the applicant must serve notice on the caveator, and the court hears the caveator before passing orders. A caveat is valid for 90 days from filing.
When to file
- Anticipated injunction suits
- Appeals against favourable decrees
- Arbitration-related applications
Contents
- Name of caveator and likely applicant
- Expected suit or appeal details
- Address for service
Filing
File in the court where proceedings are expected, and serve a copy on the likely applicant by registered post.
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File a fresh caveat after 90 days if the risk continues.
Frequently asked questions
Can a caveat be filed in High Courts?
Yes, caveats are commonly filed in High Courts and Supreme Court under their rules.
Does a caveat stop a case being filed?
No. It only ensures you are heard.
Is court fee payable?
A nominal court fee applies as per state rules.
Can caveats be used in criminal cases?
Section 148A is for civil proceedings; practices vary in other forums.
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