Caveat Petition under Section 148A CPC

Introduction

The caveat under Section 148A is the most under-used preventive remedy in Indian civil practice. It costs little, takes a single sitting to draft, and prevents the court from passing an order that affects the caveator without first hearing him.

When to Use This Prompt

• You have credible reason to believe an application is about to be filed against your client.
• The relief likely to be sought includes an interim injunction, stay or attachment.
• Your client has been in pre-litigation correspondence and a filing appears imminent.
• You want a 90-day procedural shield while preparing a substantive reply.

Statutory & Case-Law Backdrop

Section 148A entitles any person who claims a right to appear on the hearing of an apprehended application to lodge a caveat. Once on record and served on the proposed applicant, no order may be passed without notice to the caveator. Valid for 90 days; re-lodgable.

The Prompt

Paste into ChatGPT, Claude or Gemini. Replace every bracketed placeholder with your specific facts before generating.

Draft a caveat petition under Section 148A of the Code of Civil Procedure, 1908 before [COURT].

Caveator: [NAME, ADDRESS]
Apprehended applicant: [NAME, ADDRESS]
Subject matter: [DISPUTE AND APPREHENDED RELIEF]

Structure: cause title, averment of apprehension, undertaking to serve copy on the apprehended applicant, prayer that no order be passed without notice, supporting affidavit and verification.

Anatomy of the Draft

Why the prompt is built the way it is — section by section.

Common Mistakes to Avoid

• ×Filing in the wrong court — Section 148A operates court-wise.
• ×Failing to serve a copy on the apprehended applicant.
• ×Letting the 90-day period lapse without re-lodging.
• ×Drafting too vaguely to be enforceable in practice.

Frequently Asked Questions

Final Thoughts

The caveat is the cheapest insurance in civil practice. If there is a plausible apprehension, lodge it.