Saya & Associates
Caveat petition in India: section 148A and the 90-day rule
A letter threatens an injunction
A property owner receives a letter saying the other side will "approach the court for an injunction". The concern is an order made in their absence, on a one-sided account of the documents.
A caveat may help, but only once the expected application and the court can be identified. Saying that a dispute exists is not enough. This example is hypothetical and does not describe a client matter.
What section 148A provides
| Sub-section | What it provides |
|---|---|
| 148A(1) | A person claiming a right to appear at the hearing of an application, expected or already made, in a suit or proceeding instituted or about to be instituted, may lodge a caveat |
| 148A(2) | The caveator must serve notice of the caveat by registered post, acknowledgment due, on the person who has made or is expected to make the application |
| 148A(3) | If an application is filed after the caveat, the court must serve notice of it on the caveator |
| 148A(4) | An applicant served with the caveat notice must at once give the caveator, at the caveator's expense, a copy of the application and the papers filed in support |
| 148A(5) | The caveat does not remain in force after 90 days from lodging, unless the application has been made within that period |
The duties fall on three different people. Lodging the caveat, serving notice of it and receiving the application papers are separate events, and each needs its own proof.
A caveat is tied to an application and a court
Section 148A speaks of an application in a suit or proceeding in a court. Lodge the caveat in the court where that application is likely to be made, and describe the expected parties and relief as precisely as the facts allow.
Some High Courts have added their own caveat rules to the Code, covering matters such as the form, who signs it and a register of caveats. Check the rules of the court concerned.
Do not assume a caveat in one court covers another court, a tribunal or a criminal case. Section 148A is a provision of the civil procedure code, and other forums have their own rules.
A common use is by a party who has won a decree and expects an appeal with a request to stay execution. The caveat goes to the appeal court, where that stay application will be heard.
Who does what, and what to keep
| Step | Who acts | What to keep |
|---|---|---|
| Lodge the caveat | The caveator | The filing receipt and caveat number |
| Serve notice of the caveat | The caveator, by registered post with acknowledgment due | The postal receipt and the acknowledgment or delivery record |
| Notice of a later application | The court, under section 148A(3) | The notice received and its date |
| Copies of the application | The applicant, under section 148A(4), at the caveator's expense | The copies received and the date |
An informal message is not the registered post that section 148A(2) prescribes. Confirm the court's own service requirements with the filing lawyer as well.
The 90-day limit
Under section 148A(5), a caveat does not remain in force after 90 days from the date it was lodged, unless the application it anticipates has been made within that time.
Record the lodging date and diarise a review well before day 90. At the review, check whether the application has been filed, and whether the parties or the court have changed.
A reminder does not extend a caveat. If the threat continues after 90 days, take advice on whether to lodge a fresh caveat and serve notice again.
A caveat is not a stay
| Caveat | Stay or injunction | |
|---|---|---|
| What it is | A request to be heard on an expected application | A court order restraining a step or a proceeding |
| How it arises | Lodged by the caveator | Granted by the court on an application |
| Effect | Notice of the application to the caveator | Binding according to its terms |
| How long | 90 days, unless the application is made within that time | As the order states |
A caveat does not prevent a suit, establish title or possession, or answer the merits. It is not a written statement and does not replace a reply to a summons. If papers are served, identify the response required and its deadline.
If an injunction is granted anyway
Order XXXIX Rule 3 of the Code requires the court to give notice of an injunction application to the other side, unless the object of the injunction would be defeated by the delay.
If the court grants an injunction without notice, it must record its reasons.
The applicant must at once send the other side copies of the application, the supporting affidavit, the plaint and the documents relied on, and file an affidavit that this was done.
Under Rule 3A, the court must try to decide such an application finally within 30 days of granting the injunction, or record why it cannot. Rule 4 lets a dissatisfied party apply to have an injunction discharged, varied or set aside.
If you learn of an order despite your caveat, obtain the order and the court record at once. The record of service of the caveat and of the application can matter. Comply with the order while any challenge is pending.
What to bring to the lawyer
| Item | Why it helps |
|---|---|
| Exact names and addresses | Identifies the caveator and each expected applicant |
| A short chronology | Explains why an application is expected |
| The threatening letter or message | Shows what relief has been threatened |
| Existing case numbers and orders | Identifies the court and the current position |
| Documents showing your interest | Supports the right to appear |
| Property or transaction details | Separates this subject matter from other disputes |
Separate what is confirmed from what is assumed. A relative saying a case "may be filed somewhere" is different from a notice naming a court and the injunction sought.
Use only records you hold lawfully. Do not access private accounts or obtain documents improperly to build the file.
Lodging and tracking a caveat
- Identify the expected application. Note who may apply, for what relief, and in which suit, appeal or proceeding.
- Choose the court. Lodge the caveat where that application is likely to be made, and check that court's caveat rules.
- Lodge the caveat. File it with the expected parties' names and addresses, and keep the receipt and caveat number.
- Serve notice by registered post. Send notice of the caveat, acknowledgment due, to each expected applicant, and keep the proof.
- Diarise day 90. Record the lodging date and review the position before 90 days run out.
- Prepare to respond. Keep the documents and chronology ready, so counsel can appear as soon as the application is served.
Frequently asked questions
Can a caveat stop the other side from filing a case?
No. A caveat asks for notice and a hearing on an expected application. It does not prevent anyone from filing a suit or an application.
How long is a caveat valid?
Ninety days from lodging. Under section 148A(5), it does not remain in force after that unless the expected application has been made within the 90 days.
How is notice of a caveat served?
By the caveator, by registered post with acknowledgment due, on the person who has made or is expected to make the application, under section 148A(2). Keep the postal receipt and delivery record.
Does one caveat cover every court?
No. Lodge it in the court where the application is expected. Other courts, tribunals and criminal proceedings have their own rules, so check each forum separately.
What if an injunction is granted without notice despite my caveat?
Obtain the order and court record at once. Under Order XXXIX Rule 3, an injunction without notice needs recorded reasons and copies sent to you, and Rule 4 lets you apply to discharge, vary or set it aside.
The takeaway
A caveat is useful when you can name the application and the court. Keep proof of lodging and service, diarise day 90, and have the papers ready for the hearing.
If you hold a decree and expect an appeal, see our guide to executing a money decree, which covers stay applications under Order XLI Rule 5.
To discuss a caveat, contact Saya & Associates with the expected application, the court and any date already fixed.
This article provides general information on Indian civil procedure as at 22 October 2026. Forum rules, service, time calculations and remedies depend on the facts and the court. No outcome is guaranteed. It is not legal advice.