Caveat (s.148A) — CPC & Limitation Act Notes

Caveat (s.148A)

You fear your opponent will rush to court and get an order against you before you even know a case has been filed — a classic ambush. Section 148A lets you plant a flag in advance: “If anyone applies here against me, tell me first.” That flag is a caveat, and the court cannot pass an ex-parte order without hearing you.

What a caveat is and how it works

A caveat [Latin: “let him beware”] is a formal caution filed by a person who anticipates that some application will be made against him in a suit or proceeding, so the court gives him notice before granting any order on that application. It exists to prevent ex-parte orders [orders passed hearing only one side] behind a person’s back.

What — a right (s.148A) to lodge a caution in a court so that no order is passed on an expected application without first notifying the caveator.
Why — to protect a person from being taken by surprise by an ex-parte order and to save the trouble and cost of undoing such orders later.
Who — any person who claims a right to appear before the court on the hearing of an expected application — usually the person against whom relief is likely to be sought. He is the caveator.
When — where a suit or proceeding is filed, or is expected to be filed, and the caveator anticipates an application in it.
Where — in the court where the application is expected; a copy of the caveat is served on the person likely to make the application.
How — on lodging the caveat, the court (or the applicant) must serve notice of the application on the caveator, who then gets a hearing before any order. A caveat remains in force for 90 days from the date it is lodged, unless the application is made earlier.

🧩 WORKED EXAMPLE — stopping the ex-parte injunction

Facts. A learns that B is about to file a suit and seek an urgent ex-parte temporary injunction against A’s construction. A wants to be heard first.

Rule. s.148A — a person expecting an application against him may lodge a caveat; the court must then give him notice before passing any order on that application.

Apply. A lodges a caveat in the likely court and serves B. When B files and seeks the injunction, the court must notify A and hear him before deciding.

Conclusion. No ex-parte injunction can be granted behind A’s back; A gets his say. The caveat protects A for 90 days.

Section 148A(1) CPC: “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 such application may lodge a caveat in respect thereof.”

In Simple Terms: If you expect someone to seek a court order against you, file a caveat. The court then cannot pass any order on that application without first informing you and hearing your side.

flowchart TD
    ROOT["Person expects an application against him"]:::root
    ROOT --> A["s.148A — lodge CAVEAT in the likely court"]:::leaf
    A --> B["Serve copy on the expected applicant"]:::leaf
    B --> C["Court must give NOTICE to caveator before any order"]:::leaf
    C --> D["Caveator heard — no ex-parte order behind his back"]:::leaf
    D --> E["Caveat lasts 90 days"]:::key
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    classDef key fill:#E3F0FF,stroke:#1E5AA8,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Nirmal Chandra Dutta v Girindra Narayan Roy (1978) — explained the object of a caveat: to safeguard the caveator’s interest and avoid multiplicity by ensuring he is heard before an order is passed.
Kattil Vayalil Parkkum Koiloth v Mannil Paadikayil Kadeesa Umma (1991) — a caveat can be lodged only by a person who has a right to be heard on the anticipated application; a stranger cannot lodge one.

📄 Full notes + Question Bank (₹199) — every topic in depth, model answers to all past KSLU questions, in one printable PDF. Get the bundle · 10 Solved Problems · All CPC & Limitation Act topics