A caveat is a legal notice filed in court by a person who expects that the opposite party may file an application and wants to ensure that no order is passed without hearing him.

Simple meaning:

“Court, please don’t pass any order without hearing me first.”

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CAVEAT IN CIVIL CASES

Statutory Provision

✅ Section 148A – Code of Civil Procedure, 1908 (CPC)

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Who Can File a Caveat?

Any person:

• who expects an application to be filed against him, and
• who has a right to appear and be heard in that matter.

Example:

• Defendant expecting stay / injunction
• Respondent expecting ex-parte order
• Purchaser fearing status-quo order

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Where Caveat Can Be Filed?

• Civil Court
• District Court
• High Court
• Supreme Court

(Wherever the expected application will be filed)

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Validity of Caveat

🕒 90 days from the date of filing
(Section 148A(5) CPC)

After 90 days → Fresh caveat required.

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Legal Effect (Section 148A CPC)

Once caveat is filed:

1. Court cannot pass any ex-parte order
2. Applicant must serve notice to the caveator
3. Caveator has a right to be heard
4. Copy of application must be supplied to caveator

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Common Civil Matters Where Caveat Is Filed

• Temporary injunction (Order 39 Rule 1 & 2 CPC)
• Stay application
• Execution proceedings
• Probate / Succession matters
• Property disputes
• Family & matrimonial disputes

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Civil Example

Example 1 (Property Case):
A knows that B will file a suit for injunction to restrain sale of property.
A files a caveat under Section 148A CPC.
Result: Court cannot grant ex-parte stay without hearing A.

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CAVEAT IN CRIMINAL CASES

Important Clarification
There is NO express provision for caveat in the CrPC.
But courts allow caveats in criminal matters based on principles of natural justice.

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Legal Basis (Judicially Recognized)

• Section 482 CrPC (Inherent powers of High Court)
• Article 21 of Constitution (Right to fair hearing)
• High Court Rules & Practice Directions

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Where Criminal Caveat Is Commonly Accepted?

✔️ High Court
✔️ Sessions Court (limited cases)

❌ Generally not accepted in Magistrate courts

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Criminal Matters Where Caveat Is Filed

• Anticipatory bail (Section 438 CrPC)
• Quashing petitions (Section 482 CrPC)
• Criminal revision
• Appeal against acquittal
• Suspension of sentence

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Criminal Examples

Example 1 – Anticipatory Bail

Complainant anticipates that accused will file anticipatory bail.

Complainant files criminal caveat in High Court
Result:

• Court issues notice to caveator
• Bail not granted ex-parte

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Example 2 – FIR Quashing

Victim expects accused will file quashing of FIR under Section 482 CrPC.

Victim files caveat
Result: Court hears victim before passing any order.

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Important Case Laws

Civil Caveat

• Nirmal Chand v. Girindra Narayan (AIR 1978 SC)
  ✔ Caveat prevents ex-parte orders.

Criminal Caveat

• Deepak Khosla v. Union of India (Delhi HC)
  ✔ Criminal caveat maintainable in HC.
• Sunita Devi v. State of Bihar
  ✔ Caveat allowed in anticipatory bail matters.

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Key Differences: Civil vs Criminal Caveat

Point	Civil Caveat	Criminal Caveat
Statutory provision	Section 148A CPC	Not in CrPC
Validity	90 days	Court-discretion
Mandatory acceptance	Yes	Depends on court
Magistrate court	Yes	Generally No
Purpose	Prevent ex-parte order	Fair hearing

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✅ Practical Tips (For Advocates)

✔️ Always file caveat when:

• Ex-parte relief is likely
• Property / bail / quashing involved
  ✔️ Mention expected application type
  ✔️ Serve advance copy to opposite party
  ✔️ Track 90-day expiry (civil)

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One-Line Summary

Civil caveat is a statutory right under CPC, while criminal caveat is a judicially recognized safeguard to ensure fair hearing.

DRAFT OF CIVIL CAVEAT

(Under Section 148A, Code of Civil Procedure, 1908)

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IN THE COURT OF ____________________________
(Civil Judge / District Judge / High Court)
AT ____________________________

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CAVEAT NO. _____ OF 20___

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IN THE MATTER OF:

__________________________,
S/o / D/o / W/o __________________,
Age ___ years,
R/o ____________________________,
… Caveator

VERSUS

__________________________,
S/o / D/o / W/o __________________,
R/o ____________________________,
… Proposed Applicant / Opposite Party

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CAVEAT UNDER SECTION 148A OF THE CODE OF CIVIL PROCEDURE, 1908

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MOST RESPECTFULLY SHOWETH:

1. That the caveator is a necessary and interested party and has a legal right to be heard in respect of any application that may be filed by the proposed applicant in relation to the subject matter described herein.
2. That the caveator has reason to believe and apprehends that the proposed applicant is likely to file a civil suit / application seeking ex-parte interim relief / injunction / stay / status quo in respect of ________________________________ (brief description of property/dispute).
3. That if any such application is moved, the caveator shall suffer serious prejudice and irreparable loss if any ex-parte order is passed without giving the caveator an opportunity of being heard.
4. That this Hon’ble Court has jurisdiction to entertain the proposed suit / application and the present caveat.
5. That the caveator hereby lodges this caveat under Section 148A CPC and prays that no order on any such application be passed without prior notice and hearing to the caveator.
6. That the caveator undertakes to supply copies of this caveat to the proposed applicant as required under law.

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PRAYER

In view of the facts stated above, it is most respectfully prayed that this Hon’ble Court may be pleased to:

a) Not pass any ex-parte order on any application that may be filed by the proposed applicant without issuing notice to the caveator;

b) Direct the proposed applicant to serve a copy of any such application and documents upon the caveator;

c) Pass any other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.

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DETAILS AS REQUIRED UNDER SECTION 148A CPC

• Nature of expected application: __________________________
• Subject matter: __________________________
• Court where application is expected: _____________________

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Place: ____________
Date: ____________

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CAVEATOR
(Signature)

Through Counsel

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(Advocate Name)
Enrollment No. __________
Address: ________________
Mobile: ________________

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NOTES (Practical)

• Valid for 90 days only
• Must be served to opposite party
• Attach affidavit if local court practice requires

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DRAFT OF CRIMINAL CAVEAT

(Anticipatory Bail / Section 482 CrPC)

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IN THE HIGH COURT OF _______________________
AT _______________________

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CAVEAT NO. _____ OF 20___

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IN THE MATTER OF:

__________________________,
S/o / D/o / W/o __________________,
Age ___ years,
R/o ____________________________,
… Caveator / Complainant / Victim

VERSUS

__________________________,
S/o / D/o / W/o __________________,
R/o ____________________________,
… Proposed Petitioner / Accused

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CAVEAT

(In Anticipation of Petition under Section 438 / Section 482 CrPC)

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MOST RESPECTFULLY SHOWETH:

1. That the caveator is the complainant / victim / informant in FIR No. ______ dated ______, registered at Police Station __________, for offences under Sections __________ of IPC / BNS and other applicable laws.
2. That the caveator has reason to believe and apprehends that the proposed petitioner / accused is likely to file a petition before this Hon’ble Court:
   1. under Section 438 CrPC seeking anticipatory bail; and/or
   1. under Section 482 CrPC seeking quashing of the aforesaid FIR / criminal proceedings.
3. That if any such petition is taken up and ex-parte relief is granted without notice to the caveator, the caveator shall suffer serious prejudice, and the ends of justice would be defeated.
4. That the caveator has a legal and vested right to be heard before passing of any order in the above-mentioned anticipated petition(s), particularly when the allegations disclose cognizable and serious offences.
5. That this Hon’ble Court has the inherent powers under Section 482 CrPC and is also bound by the principles of natural justice, which require that the caveator be heard before passing any order affecting his/her rights.
6. That the present caveat is being filed in good faith to ensure a fair hearing and to prevent misuse of the process of law by the proposed petitioner / accused.

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PRAYER

In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon’ble Court may be pleased to:

a) Issue notice to the caveator before passing any order in any petition filed by the proposed petitioner under Section 438 or Section 482 CrPC;

b) Not grant any ex-parte interim protection / anticipatory bail / stay / quashing without affording an opportunity of hearing to the caveator;

c) Pass such other or further order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.

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PARTICULARS

• FIR No. & Date: __________________________
• Police Station: __________________________
• Sections Invoked: ________________________
• Likely Petition: Section 438 / Section 482 CrPC
• Name of Accused / Petitioner: ______________

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Place: ____________
Date: ____________

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CAVEATOR
(Signature)

Through Counsel

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(Advocate Name)
Enrollment No. __________
Address: ________________
Mobile: ________________

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PRACTICAL POINTS (VERY IMPORTANT)

✔️ Criminal caveat is not statutory, but High Courts routinely accept it
✔️ Mainly effective in:

• Anticipatory bail matters
• FIR quashing under Section 482 CrPC
  ✔️ Usually valid till disposal of first hearing (court discretion)
  ✔️ Attach copy of FIR if required by court practice

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SUPPORTING CASE LAW (Mention in Arguments if Required)

• Deepak Khosla v. Union of India – Criminal caveat maintainable in HC
• Sunita Devi v. State of Bihar – Caveator has right to be heard in AB