Application for a Caveat (India)
This template is used to lodge a caveat in a civil court to ensure that no orders, particularly regarding the attachment of property before judgment, are passed without prior notice to the applicant. It is a proactive legal measure to protect a defendant's interests in a pending money suit.
Application for a caveat (s. 148A)
In the Court of the ..................
Money Suit No................/20......
In the matter of Money Suit No. .............../20......
between
A.B. S/o of C.D. ........................etc.
Versus
P.Q.S/o of M.N. ...........................etc.
And In the matter of caveat P.Q., son of M.N. residing at................ .................................... Caveator-Petitioner
The above-named petitioner states:
1. That Mr. A.B. named above has instituted the above money suit against Mr. P.Q. and the said suit is pending. The summons has not been served on the petitioner as yet.
2. That as far as the petitioner could know, the said Mr. A.B. is contemplating to file a petition under Or. 38, r. 5 of the C. P. Code for attachment of your petitioner’s properties before judgment.
3. That your petitioner has every right to appear before the court on the hearing of such application, if any.
4. That your petitioner hereby lodges a caveat to the effect: ‘Let nothing be done in the matter of application under Or. 38, r. 5, C.P. Code, if any, touching properties of the petitioner without notice to the petitioner’.
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About this template
What is this template?
This document is a formal protective notice filed in an Indian court to ensure the filer is heard before any interim orders are passed. It is not a substantive defense or a counter-claim, but a procedural safeguard that expires after 90 days.
When should you use it?
Use this when you anticipate a specific party will file a suit or application against you and you want to ensure the court does not grant them an immediate injunction without your presence. The nearest alternative is a Vakalatnama, but that is filed only after a case has already commenced.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Header | Court Designation | Identifies the specific court and jurisdiction where the caveat is being lodged, such as the High Court or District Court. |
| Paragraph 1 | Caveator Details | Specifies the full name, parentage, and address of the party lodging the caveat to prevent ex-parte orders. |
| Paragraph 2 | Subject Matter of Dispute | Describes the expected legal proceeding, suit, or application that the Caveator anticipates will be filed. |
| Prayer Clause | Notice Requirement | Requests the court to serve notice to the Caveator before passing any orders under Section 148A of the CPC. |
Who it's for
- a party in India expecting a lawsuit and wanting to prevent ex-parte interim stay orders
- legal practitioners filing protective notices under Section 148A of the CPC
How long it runs and how it's signed
Law it's drafted under
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