Civil applications
Caveat petition format under Section 148A CPC
How to file a caveat under Section 148A of the CPC, what it must contain, the 90-day validity, and the notice the caveator becomes entitled to.
A caveat is a notice lodged under Section 148A of the Code of Civil Procedure, 1908 by a person who apprehends that an application will be made against them in a suit or proceeding. Once a caveat is lodged, the court cannot pass an order on such an application without serving notice on the caveator, and the applicant must furnish the caveator with a copy of the application and its papers. A caveat remains in force for ninety days from the date it is lodged.
- Governed by
- Section 148A, Code of Civil Procedure, 1908
- Where it is filed
- The court in which the apprehended suit, appeal or application is expected to be instituted.
- Who files it
- Any person claiming a right to appear before the court on the hearing of the apprehended application.
- Time limit
- Valid for ninety days from lodging. A fresh caveat must be lodged thereafter.
What a caveat petition must contain
The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.
1.Cause title
The court, and the parties as they are expected to be arrayed in the apprehended proceeding.
2.Interest of the caveator
The right or interest that entitles the caveator to be heard.
3.The apprehended proceeding
The nature of the suit, appeal or application apprehended, and the facts giving rise to the apprehension.
4.Address for service
The caveator's address and the advocate's address at which notice is to be served.
5.Prayer
That no order be passed on the apprehended application without notice to the caveator.
6.Service on the expected applicant
A copy served by registered post on the person expected to make the application, as Section 148A(2) requires.
Mistakes that get this document returned
- Not serving the copy on the expected applicant by registered post, which the section requires.
- Allowing the ninety days to lapse without lodging a fresh caveat.
- Lodging in the wrong court, so no notice reaches the caveator when the application is actually made.
Frequently asked questions
How long is a caveat valid?
Ninety days from the date on which it is lodged, under Section 148A(5) CPC. A fresh caveat may be lodged after expiry.
What happens if the court passes an ex parte order despite a caveat?
An order passed without notice to a caveator whose caveat is on record and in force is liable to be recalled, since Section 148A(3) obliges the court to serve notice.
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Related formats
Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.