In short. File a caveat under Section 148A CPC in the court where you expect the other side to move, send them a notice of the caveat by registered post, and keep the proof. If they file an application within 90 days, the court must notify you and they must give you copies, so no ex parte interim order is passed without hearing you, except in rare urgency.
Most people learn about caveats the hard way. A tenant gets a stay against an eviction decree while the landlord is on holiday. A supplier finds an injunction against encashing a bank guarantee, granted on a Saturday. A company discovers that a former partner obtained a status quo order on its premises without anyone from the company being in court. In each case, a caveat lodged a few days earlier would have put them in the courtroom at the first hearing.
This post covers when a caveat is worth filing, where to lodge it in Delhi and the NCR, what it must say, how it works when the other side files, and its limits. It is narrower than a page on civil procedure; for the wider picture of how civil disputes run in Delhi, see our page on civil law practice.
- The law
- Section 148A, Code of Civil Procedure 1908
- Who can file
- Anyone claiming a right to be heard on an expected application
- Where
- The court where the case or application is expected to be filed
- Notice
- Caveator serves notice on the expected applicant by registered post AD
- Validity
- 90 days from lodging, unless the application is filed earlier
- Effect
- Court must notify the caveator before hearing the application
What is a caveat petition, and what does it actually stop?
A caveat is a formal notice to the court that you want to be heard before any order is made on a particular application. The word comes from Latin and means "let him beware". In Indian civil procedure, it was added to the CPC as Section 148A in 1976 to deal with a common problem: one side rushing to court, obtaining an interim order ex parte, and the other side spending weeks getting it vacated.
A caveat does not prevent anyone from filing a suit, appeal, petition or application. It does not give you a right to oppose the main case on merits in advance. What it does is narrower and very practical: when the expected application comes up, the court has to issue notice to you, and the applicant has to give you a copy of the application and the documents filed with it. You get a chance to appear at the first hearing and answer the request for an interim order before it is granted.
That first hearing is often where the real fight happens. An ex parte stay or injunction can stay in force for months while the matter is adjourned, and the party against whom it was passed has to apply to vacate it, with the burden effectively shifted onto them. A caveat removes that head start.
When should you file a caveat?
File a caveat when you can reasonably predict both the court and the application. The classic case is a decree or order in your favour that the other side is likely to challenge: a money decree, an eviction decree, an award, or an order of a tribunal. The losing party will usually file an appeal or petition with an application for stay, and a caveat in the appellate court puts you on notice of that stay application.
The second common case is before you take a step that is likely to provoke an injunction suit. A landlord about to take possession of premises after a lease has ended, a company about to encash a bank guarantee, a buyer about to terminate a supply contract, or a developer about to start work on a disputed plot can expect the other side to run to court. A caveat in the court where that suit would be filed means the injunction application cannot be heard without notice.
When Advocate B.K. Singh advises a client who has just won a decree, one of the first questions he asks is where the appeal will lie and how quickly the other side can file it. If the appeal can be filed within days and an execution step is planned, the caveat goes in the same week. If the client is in no hurry to execute, a caveat may be less useful than simply watching the case status.
Where a caveat helps: common situations
The court to lodge in is the one where the other side's application is expected, not the court where you won.
| Your position | Application you expect | Where to lodge the caveat |
|---|---|---|
| Decree holder after a trial court decree in Delhi | First appeal with an application for stay of the decree | The appellate court: District Judge or Delhi High Court, depending on value |
| Landlord with an eviction order for bona fide need under the Delhi Rent Control Act | Revision petition with a stay application | Delhi High Court |
| Party who won an arbitral award | Section 34 challenge with a stay of the award | The court with jurisdiction under Section 34 |
| Company about to invoke a bank guarantee | Suit or Section 9 petition for an injunction | The commercial court or High Court with jurisdiction |
| Owner about to start construction on a disputed plot | Suit with an Order 39 injunction application | Civil court with territorial and pecuniary jurisdiction |
| Party who won in the High Court | Special leave petition with an interim stay | Supreme Court, through an Advocate-on-Record |
| Creditor or company in an NCLT matter | Appeal or application with interim relief | NCLT or NCLAT, under their own rules |
What Section 148A CPC says, sub-section by sub-section
The section is short. Each sub-section creates a duty, and each duty is a point to check.
Section 148A(1): who may lodge
Where an application is expected to be made, or has been made, in a suit or proceeding instituted or about to be instituted in a court, any person claiming a right to appear before the court on the hearing of that application may lodge a caveat. The caveat can be lodged before the suit is even filed, which is what makes it useful against an expected injunction suit.
Section 148A(2): the caveator's notice
The caveator must serve a notice of the caveat by registered post, acknowledgement due, on the person who has made or is expected to make the application. This is your duty, not the court's. Without it, the other side can say they did not know a caveat existed.
Section 148A(3): the court's notice
Once a caveat is lodged and the application is filed, the court must serve notice of the application on the caveator. In practice, the Registry matches the fresh filing with pending caveats and informs the filing party, who then serves the caveator.
Section 148A(4): copies to the caveator
When the applicant receives notice of the caveat, they must immediately furnish the caveator, at the caveator's expense, with a copy of the application and of the papers and documents filed or to be filed with it. The caveator should not have to argue against an application they have not read.
Section 148A(5): 90 days
A caveat does not remain in force after 90 days from the date on which it was lodged, unless the application has been made before then. If nothing is filed within 90 days, the caveat lapses, and a fresh caveat must be lodged if the risk continues.
How to file a caveat in a Delhi court
The process is quick; most caveats can be drafted and lodged within a day once the details are available.
Identify the court and the expected application
Work out exactly where the other side is likely to file: which court, and in an appeal, which appellate court by value and subject. If there are two possible courts, consider lodging in both.
Draft the caveat
The caveat names the caveator and the expected applicant with full addresses, describes the suit, appeal or proceeding expected, gives details of the order or decree likely to be challenged (court, case number, date), and states that the caveator wants to be heard before any order is passed. It is signed by the caveator or the advocate, with a supporting affidavit where the court's practice requires one.
Send notice to the other side
Send a copy of the caveat by registered post AD to the expected applicant, and to their advocate if known. Email and speed post can be added, but keep registered post, because the section names it. Keep the postal receipt and tracking record.
Lodge the caveat with proof of service
File the caveat with the court fee, the vakalatnama and the postal receipt. In the Delhi High Court, caveats are e-filed under the E-Filing Rules. In district courts, caveats are filed at the filing section of the district court complex with jurisdiction.
Keep the caveat number and diarise 90 days
Note the caveat number and the date of filing. Diarise a reminder at around day 80, so that a fresh caveat can be filed if the risk is still live.
Watch for notice and appear
If the other side files, you will be informed and served. Collect the copies, prepare a short reply to the interim application, and appear at the first hearing with your documents.
What you need to lodge a caveat
Keep the details precise. A caveat is matched to the fresh filing by names and case details, and a mismatch can mean it is never found.
About the parties
- Full names of the caveator and the expected applicant, as in the earlier case
- Complete current addresses, including email if known
- Name and address of the other side's advocate, if known
About the case
- Copy of the decree, order or award likely to be challenged
- Court, case number and date of the order
- Copy of the notice, termination letter or other step likely to provoke an application
Formal papers
- Caveat in the court's format, signed
- Affidavit, where the court's practice requires one
- Vakalatnama in favour of your advocate
- Court fee as applicable
Proof
- Registered post receipt and tracking printout for the notice
- Copy of the notice as sent
- Acknowledgement card when it comes back
Where to lodge: district court, Delhi High Court, Supreme Court
Lodge the caveat where the application will be heard. In Delhi, civil suits up to the pecuniary limit go to the district courts, and suits above ₹2 crore go to the Delhi High Court on its Original Side. Appeals follow the value and the subject: a first appeal from a district court decree goes to the District Judge or the High Court depending on value. A caveat lodged in the trial court is no help when the stay application is filed in the appellate court.
In the Delhi High Court, caveats are filed online under Rule 15 of the E-Filing Rules of the High Court of Delhi 2021. When a fresh matter is filed, the Registry checks for caveats and reports any match, and the filer has to serve the caveator before listing. Our post on Delhi High Court e-filing and listing explains how that check fits into the filing process. For Noida and Ghaziabad, caveats go to the district court at Surajpur or Ghaziabad, or to the Allahabad High Court, under their own rules.
In the Supreme Court, a caveat is lodged through an Advocate-on-Record, typically after a High Court judgment in your favour, so that you are heard on any special leave petition and interim stay. The Supreme Court Rules 2013 provide for caveats, including in matters arising from criminal cases, and a Supreme Court caveat also has a 90-day life. Our posts on special leave petitions and our page on Supreme Court practice explain that route.
The 90-day limit and renewing a caveat
A caveat lasts 90 days from the date it is lodged. If the expected application is filed within that time, the caveat has done its job and the notice requirement applies to that application. If nothing is filed within 90 days, the caveat lapses automatically, and you have no protection from day 91.
There is no formal "renewal". You lodge a fresh caveat, with a fresh notice to the other side, before the old one expires. Where the risk continues, for example during the whole limitation period for an appeal, plan the caveats together: a 90-day appeal period with possible condonation of delay may need two caveats back to back. In a Delhi Rent Control Act eviction, where the tenant may move the High Court at any time before the eviction is executed, the same applies.
Mark the dates in writing. Most caveat failures we see are not legal failures; they are a caveat that expired a week before the other side filed, because no one diarised day 90.
What happens when the other side files: notice, copies and the first hearing
When the expected application is filed, the court or its Registry informs the applicant that a caveat is pending, and the applicant must serve the caveator with the application and documents. In the Delhi High Court, the matter is generally not listed until that service is done or the court is told why it could not be. In district courts, the caveator is usually informed by the applicant or the court and the matter is listed with notice.
Read the application the day it arrives. You will normally have a few days, sometimes less, to prepare. The aim at the first hearing is not to win the whole case; it is to stop or limit the interim order. Bring the documents that show why the other side is not entitled to it: the decree, your title documents, the contract, the notice they ignored, and a short note of dates.
Expect the court to hear both sides briefly and then either decline interim relief, grant it on conditions, or list the matter for a fuller hearing with the parties told to maintain the position. Conditions matter. A stay of a money decree is often granted only on deposit of the amount or security, and the caveator who is present can ask for that condition to be imposed.
Can the court still pass an order without hearing the caveator?
Yes, in limited situations. If the caveator has been served and does not appear, the court can proceed and pass an order. If the matter is so urgent that waiting would defeat the purpose, the court can pass a short interim order and list the matter quickly for the caveator to be heard; the NCLT Rules 2016, for example, expressly allow the tribunal to pass interim orders in urgency despite a caveat. A caveat creates a right to notice, not a veto.
Where an order is passed ex parte despite a pending caveat, and the applicant did not disclose the caveat or did not serve the caveator, that is a strong ground to have the order set aside. Courts treat concealment of a pending caveat as a serious matter, because it defeats the very purpose of Section 148A. Apply promptly, in the same court, with proof of the caveat and the notice you sent.
The caveat also does not make you a party to the main case if you were not one already. It gives you a hearing on the application. If you want to be joined in the main proceeding, that needs its own application on its own grounds.
Caveats in commercial suits and arbitration matters
Caveats are especially useful in commercial disputes, because the interim stage often decides the commercial outcome. A supplier stopped from invoking a bank guarantee, or a franchisor stopped from terminating, may not care much about a trial three years away. Section 148A applies to commercial suits under the Commercial Courts Act 2015, since the CPC governs them.
Under Section 12A of the Commercial Courts Act, a commercial suit normally requires pre-institution mediation first, but a suit seeking urgent interim relief can be filed directly. That exception is exactly the route an opponent will use to rush to court, so a caveat is often the only way to ensure you are heard. Our post on pre-institution mediation under Section 12A explains that exception, and our page on commercial court matters in Delhi covers the wider process.
In arbitration, caveats are commonly lodged against expected Section 9 petitions for interim measures and Section 34 challenges with stay applications. If you are about to take a step under a contract that has an arbitration clause, consider which court has jurisdiction over a Section 9 petition and lodge there. Our post on Section 9 interim relief in arbitration explains what the court weighs at that stage.
Can you file a caveat in a criminal case?
Section 148A is part of the CPC and applies to civil proceedings. The BNSS, like the CrPC before it, has no equivalent provision for trial courts, so a complainant cannot lodge a statutory caveat before a magistrate or Sessions Court to be heard on, say, an anticipatory bail application. The public prosecutor represents the State in those hearings, and a complainant who wants to be heard usually asks the court through the prosecutor or by an application.
In the higher courts the position is more practical. The Supreme Court Rules allow caveats in special leave petitions, including those from criminal judgments, and complainants often lodge one after a High Court order in their favour. In the High Court, whether a caveat is accepted in a particular criminal proceeding depends on its rules and practice, and the safer course is to ask the Registry or file an application seeking to be heard.
If you are the accused rather than the complainant, a caveat is rarely the tool you need. The questions that matter are bail and the course of the investigation; our post on anticipatory bail in Delhi covers the first.
Caveats before tribunals: NCLT, NCLAT and others
Tribunals are not civil courts, so Section 148A does not automatically apply to them. Many have their own provisions. Rule 25 of the NCLT Rules 2016 allows a caveat in any appeal, petition or application before the NCLT, served on the expected applicant by registered post or in person, valid for 90 days, with the tribunal free to pass interim orders in urgency. The NCLAT also accepts caveats, which matters because appeals against NCLT orders have short limitation periods; see our post on appeals to the NCLAT.
For the DRT, DRAT, consumer commissions, RERA authorities and other tribunals, check the forum's own rules and registry practice before relying on a caveat. Where no provision exists, the practical alternative is to keep a close watch on filings and to write to the other side asking for advance notice of any application, which at least creates a record if they then conceal the filing.
A made-up example: the caveat that did not match
Here's a made-up example. Mrs Kapoor, a landlord in Lajpat Nagar, obtains an eviction order against a tenant running a shop. She expects the tenant to approach the Delhi High Court and lodges a caveat. In the caveat, the tenant's name is written as it appears on the shop board, "Sharma Traders", and the Rent Controller's case number is written with one digit wrong.
Six weeks later the tenant files a petition in his own name, Rajesh Sharma, with the correct case number. The Registry's caveat check finds nothing, the matter is listed, and the Bench stays the eviction order ex parte for four weeks. Mrs Kapoor learns of it when the tenant shows her the order.
Her advocate files an application pointing to the caveat and the notice she had sent by registered post to the tenant at the shop. The court notes that the tenant received the notice but did not disclose the caveat, and lists the matter early for hearing both sides. The stay is reconsidered, but she has lost a month. Had the caveat named the tenant as he appeared in the eviction case and carried the right case number, it would have matched at the filing stage.
Getting the details right: why caveats fail to match
A caveat is only as good as the Registry's ability to find it. Matching is done on party names and the details of the order or case under challenge. If the caveat uses a trade name and the petition uses a personal name, or the case number is wrong, or the court below is described differently, the check can miss it.
Advocate B.K. Singh's practice when drafting a caveat is to copy the party names and case details exactly as they appear in the cause title of the order likely to be challenged, and to name every party who might file, including directors, partners or legal heirs where they could appear as applicants. Where there is doubt about which court the other side will choose, it is cheaper to lodge two caveats than to explain an ex parte order to a client.
The notice to the other side matters for the same reason. If they have received the notice, they cannot later claim ignorance of the caveat, and a failure to disclose it becomes their problem. Keep the registered post receipt, the tracking record and, when it arrives, the acknowledgement card.
Mistakes people make with caveats
- Lodging in the wrong court. A caveat in the trial court does not cover an appeal in the High Court.
- Letting it lapse. After 90 days with nothing filed, the caveat is dead. Diarise day 80 and lodge a fresh one if the risk remains.
- Skipping the registered post notice. Section 148A(2) requires it, and without it the other side can claim they did not know.
- Inexact names and numbers. A spelling or digit error can stop the Registry finding the caveat.
- Treating it as a full defence. A caveat gets you heard on the interim application. You still need to prepare a reply and documents.
- Not reading the application when served. Caveators sometimes arrive at the first hearing having seen only the cover page. Ask for the full set at once.
When a caveat is not worth filing
A caveat is cheap, but it is not always useful. If you cannot predict the court, if the other side has no realistic application to make, or if any interim order would cause you little harm, the caveat adds cost and calendar reminders without real benefit. It can also signal your next step: a caveat lodged before you invoke a bank guarantee tells the other side what is coming.
Weigh that signal against the risk. Where the step you are about to take is visible anyway, such as a demolition or a possession action, the signal costs nothing. Where surprise matters and a court would not stop you in any case, it may be better to act and be ready to appear if they rush to court. Our post on injunction suits to stop construction shows how courts assess those applications.
Caveat checklist for this week
If you have just won a case, or are about to take a step the other side will want to stop, go through this list now.
- Identify the court where the other side is most likely to file
- Get a copy of the order or decree with the exact cause title and case number
- Note the names of every person who might file as applicant
- Draft the caveat and send it by registered post AD to each of them
- Lodge the caveat with the postal receipt and note the caveat number
- Diarise day 80 for a fresh caveat if nothing is filed
- Keep your documents ready for a reply at short notice
Cost, time and getting help
A caveat can usually be drafted and lodged within a day once the documents are in hand. Court fees for a caveat are modest. Fees are discussed at the first meeting and agreed in writing, and where we also expect to defend the application, the caveat is usually handled as part of that stage.
If you want a caveat lodged in a Delhi court, the Delhi High Court or the Supreme Court, the team of Advocate B.K. Singh at B.K. Singh & Associates can check which court the other side is likely to approach and prepare the caveat and notice. Send the order and your details through the online enquiry form, or read more about his civil and commercial practice.
Frequently asked questions
What is a caveat petition in simple words?
It is a notice you file in court saying you want to be heard before any order is passed on an application you expect the other side to make. Once it is on record, the court must notify you and the other side must give you copies before the application is heard.
How long is a caveat valid?
Under Section 148A(5) CPC, a caveat stays in force for 90 days from the date it is lodged. If the expected application is not filed within that time, the caveat lapses and you must lodge a fresh one.
Can a caveat be renewed?
There is no formal renewal. You lodge a fresh caveat, with a fresh notice to the other side, before the old one expires. Plan the dates so there is no gap during the period when the other side may file.
Is it compulsory to send notice of the caveat to the other party?
Yes. Section 148A(2) requires the caveator to serve notice of the caveat by registered post with acknowledgement due on the person expected to make the application. Keep the receipt and tracking record as proof.
Can a court pass an ex parte order despite a caveat?
Only in limited cases, such as where the caveator was served and did not appear, or in genuine urgency with an early date for the caveator to be heard. If the applicant hid the caveat, the order can usually be set aside on application.
Can a caveat be filed before the suit is filed?
Yes. Section 148A covers a suit or proceeding about to be instituted. That is why caveats are filed before taking steps likely to provoke an injunction suit, such as invoking a bank guarantee or taking possession.
How do I file a caveat in the Delhi High Court?
Caveats are e-filed on the Delhi High Court portal under Rule 15 of the E-Filing Rules 2021, with the vakalatnama, court fee and proof of notice to the expected applicant. Use the exact names and case details from the order likely to be challenged.
Can I file a caveat in the Supreme Court myself?
A caveat in the Supreme Court is lodged through an Advocate-on-Record. It remains valid for 90 days and ensures you are notified when the other side files a special leave petition.
Does a caveat apply in criminal cases?
Section 148A is a civil provision and the BNSS has no equivalent for trial courts. The Supreme Court accepts caveats in special leave petitions, including from criminal judgments, and High Court practice varies, so check with the Registry.
Can a caveat be filed in the NCLT?
Yes. Rule 25 of the NCLT Rules 2016 allows a caveat in any appeal, petition or application, valid for 90 days, though the tribunal can still pass interim orders in urgency. The NCLAT also accepts caveats.
What happens if the caveat details are wrong?
The Registry may fail to match it with the fresh filing, and the matter may be listed without notice to you. Use party names and case numbers exactly as they appear in the cause title of the earlier order.
Do I need a lawyer to file a caveat?
In district courts and the High Court a party can lodge a caveat in person, though a lawyer helps get the court and details right. In the Supreme Court, an Advocate-on-Record must file it.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.