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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part XI: Miscellaneous

Section 148A CPC: Right to lodge a caveat

Bare Act text

[148A. Right to lodge a caveat.—(1) 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.

(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by [speed post with registration and proof of delivery], on the person by whom the application has been, or is expected to be, made, under sub-section (1).

(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.

(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator’s expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.

(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.]

Amendment notes

  1. Ins. by Act 104 of 1976, s. 50 (w.e.f. 1-5-1977).
  2. Ins. by Act 37 of 2025, s. 3 and Sch. II, for “registered post, acknowledgement due” (w.e.f. 20-12-25).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Any person claiming a right to appear on the hearing of an application that is expected or has been made in a suit or proceeding may lodge a caveat. The caveator must serve notice of the caveat on the expected applicant by speed post with registration and proof of delivery. The Court must serve notice of any later application on the caveator, and the applicant must promptly furnish the caveator with copies of the application and supporting papers, at the caveator's expense. A caveat lapses after ninety days unless the application is made within that period.

Part XI: Miscellaneous

  1. 132 Exemption of certain women from personal appearance
  2. 133 Exemption of other persons
  3. 134 Arrest other than in execution of decree
  4. 135 Exemption from arrest under civil process
  5. 135A Exemption of members of legislative bodies from arrest and detention under civil process
  6. 136 Procedure where person to be arrested or property to be attached is outside district
  7. 137 Language of subordinate Courts
  8. 138 Power of High Court to require evidence to be recorded in English
  9. 139 Oath on affidavit by whom to be administered
  10. 140 Assessors in causes of salvage, etc
  11. 141 Miscellaneous proceedings
  12. 142 Orders and notices to be in writing
  13. 143 Postage
  14. 144 Application for restitution
  15. 145 Enforcement of liability of surety
  16. 146 Proceedings by or against representatives
  17. 147 Consent or agreement by persons under disability
  18. 148 Enlargement of time
  19. 148A Right to lodge a caveat
  20. 149 Power to make up deficiency of court-fees
  21. 150 Transfer of business
  22. 151 Saving of inherent powers of Court
  23. 152 Amendment of judgments, decrees or orders
  24. 153 General power to amend
  25. 153A Power to amend decree or order where appeal is summarily dismissed
  26. 153B Place of trial to be deemed to be open Court
  27. 154 Saving of present right of appeal (Repealed)
  28. 155 Amendment of certain Acts (Repealed)
  29. 156 Repeals (Repealed)
  30. 157 Continuance of orders under repealed enactments
  31. 158 Reference to Code of Civil Procedure and other repealed enactments