What this format is for
A caveat asks a court not to pass an order on an expected application without first notifying and hearing the caveator. It is preventive: the draft must identify a proceeding already instituted or reasonably expected and explain the caveator's right to appear.
A caveat is not a substitute for a reply, appeal or stay application. It should be filed in the court where the expected application will be made, and the caveator must serve notice of the caveat on the person expected to apply.
Primary legal basis
Section 148A of the Code of Civil Procedure, 1908, together with the filing rules and jurisdiction of the forum concerned.
When to use it
- A civil application has been made or is reasonably expected in a suit or proceeding.
- The caveator claims a right to appear and oppose that application.
- The selected court or forum has jurisdiction and recognizes the proposed caveat procedure.
Information and documents to collect
- Proposed court, jurisdiction and nature of the expected proceeding.
- Names, descriptions and service addresses of caveator and expected applicant.
- Property, transaction, order or dispute sufficient to identify the expected application.
- Existing case number and order details, if proceedings already exist.
- Basis of the caveator's right to appear.
- Proof of notice dispatched to the expected applicant.
Free format preview
Use this as an organization checklist. Replace every bracketed field, delete inapplicable language and adapt the sequence to the prescribed form of the court or tribunal.
- 01Court heading and caveat jurisdiction
- 02Caveator and expected applicant particulars
- 03Description of instituted or expected proceeding
- 04Caveator's right to appear
- 05Request for notice before hearing
- 06Address for service
- 07Prayer, verification, affidavit and service proof
How to prepare and file it
- 1Identify the exact court and expected application; confirm that a caveat is maintainable there.
- 2Draft the caveat with enough particulars to connect it to the anticipated proceeding.
- 3Prepare the supporting affidavit, memo of parties, index, court fee and vakalatnama as locally required.
- 4Serve notice of the caveat by registered post acknowledgment due or the prescribed method.
- 5File the caveat with postal receipt/service proof and obtain the caveat number.
- 6Diary the 90-day period and consider refiling if the anticipated application has not been made.
Common mistakes to avoid
- Filing in a court that will not hear the expected application.
- Describing only a general dispute without identifying the expected proceeding.
- Failing to serve notice of the caveat on the expected applicant.
- Assuming the caveat remains effective indefinitely; Section 148A specifies 90 days unless the expected application is made earlier.
- Treating a caveat as an automatic stay or as a response on the merits.
Frequently asked questions
How long does a caveat remain in force?
Under Section 148A CPC, a caveat generally does not remain in force after 90 days from filing unless the expected application is made before that period expires.
Does filing a caveat automatically stop an order?
No. It creates a right to notice and an opportunity to be heard in relation to the covered application; it is not an automatic stay.
Must the expected applicant be notified?
Yes. Section 148A requires the caveator to serve notice of the caveat on the person by whom the application has been or is expected to be made.
Official sources to verify
Check the current statutory text and the website or filing portal of the specific court before relying on any downloaded format.