Caveat Petition

IN THE [court_name] CAVEAT PETITION NO. ________ OF 20____ IN THE MATTER OF: [caveator_name] [caveator_address] ... CAVEATOR VERSUS [expected_applicant] [expected_applicant_address] ... EXPECTED APPLICANT CAVEAT UNDER SECTION 148A OF THE CODE OF CIVIL PROCEDURE, 1908 MOST RESPECTFULLY SHOWETH: 1. That the Caveator apprehends that the above-named Expected Applicant is likely to institute a suit, appeal, application or other proceeding before this Hon'ble Court in respect of the subject matter described below, and to seek interim orders therein. 2. SUBJECT MATTER OF THE ANTICIPATED PROCEEDING [subject_matter] 3. GROUNDS OF APPREHENSION [grounds_for_apprehension] 4. That the Caveator has a direct and substantial interest in the subject matter of the anticipated proceeding, and would be adversely affected by any interim order passed without hearing the Caveator. 5. That the Caveator is a necessary and proper party to any such proceeding, and is entitled to be heard before any order is made against the Caveator's interest. 6. That Section 148A of the Code of Civil Procedure, 1908 entitles a person claiming a right to appear before the Court on the hearing of an application expected to be made, to lodge a caveat; and where a caveat has been lodged, the Court SHALL serve notice of the application on the caveator, and the applicant SHALL furnish the caveator with a copy of the application and of the documents filed with it. 7. That the Caveator undertakes to serve a copy of this caveat, by registered post with acknowledgment due, on the Expected Applicant, as required by Section 148A(2). 8. That this caveat is lodged bona fide and to protect the legitimate interests of the Caveator. PRAYER It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) Take this caveat on record; (b) Direct that NO ORDER, and in particular no ex-parte or interim order, be passed in any suit, appeal, application or proceeding instituted by the Expected Applicant in respect of the subject matter described above, WITHOUT NOTICE TO AND AFFORDING A HEARING TO THE CAVEATOR; (c) Direct that the Caveator be served with a copy of any such proceeding and of the documents filed with it; and (d) Pass such other orders as this Hon'ble Court may deem just and proper. AND FOR THIS ACT OF KINDNESS, THE CAVEATOR SHALL EVER PRAY. Place: ______________ Date: [filing_date] [caveator_name] CAVEATOR Through [advocate_name] ADVOCATE FOR THE CAVEATOR THE NINETY-DAY RULE — THE POINT MOST OFTEN MISSED Under Section 148A(5), a caveat remains in force for NINETY DAYS from the date on which it is lodged, unless the anticipated application is made within that period. After ninety days it lapses automatically. There is no reminder, and no order recording the lapse. A party who lodged a caveat and then assumed it was protecting them indefinitely is left exposed to precisely the ex-parte order they lodged it to prevent. If the apprehension continues, LODGE A FRESH CAVEAT before the ninety days expire, and diarise the date. SERVICE ON THE EXPECTED APPLICANT Section 148A(2) requires the caveator to serve notice of the caveat, by registered post with acknowledgment due, on the person by whom the application is expected to be made. Retain the postal receipt and the acknowledgment — a caveat that has not been served may not achieve its purpose. WHERE TO LODGE: file the caveat in the court in which the proceeding is expected. Where the apprehended proceeding is an appeal, the caveat is lodged in the appellate court, not the trial court.