The first hearing of a special leave petition is usually ex parte: the petitioner appears, the respondent — often the party who won in the High Court — is absent, and interim orders staying the judgment under challenge can issue before the respondent even knows the petition exists. The caveat is the answer. Rooted in the principle codified by Section 148A of the Code of Civil Procedure, 1908 and operationalised through the Supreme Court's own rules and registry practice, a caveat ensures that the caveator is heard before any interim order passes in the expected proceeding. This explainer covers when and how caveats are lodged in the Supreme Court and the practice discipline around them.
The problem the caveat solves
Interim orders at the admission stage of an SLP are granted on the petitioner's narrative alone. A stay of execution, a status quo order, a direction restraining implementation — each can undo, for months, the practical value of the judgment the respondent fought years to obtain. The caveat converts that first hearing from a monologue into a hearing: served in advance, the caveator's counsel stands up when the matter is called, corrects the narrative, and opposes interim relief before it crystallises. Experience teaches that interim orders once granted acquire inertia; the caveat's value lies in meeting the request before, not after, it succeeds.
The statutory principle: Section 148A CPC
- A person claiming a right to appear in an expected proceeding may lodge a caveat;
- The caveator must serve notice of the caveat on the expected petitioner;
- The court, once a caveat is lodged, must give the caveator notice of any application filed in the proceeding;
- The applicant must furnish the caveator, at the caveator's expense, copies of the application and supporting papers;
- The caveat remains in force for ninety days.
In the Supreme Court, the same protective logic operates through the Court's rules and registry practice: caveats are lodged through an Advocate-on-Record identifying the impugned judgment, and the Registry links the caveat to any petition subsequently filed against that judgment, ensuring the caveator's AoR receives notice and the matter is not listed for effective ex parte orders in ignorance of the caveat.
When to lodge — a triage
| Situation after winning below | Caveat urgency |
|---|---|
| Money decree or recovery affirmed; opponent has signalled challenge | High — a stay obtained ex parte defers realisation indefinitely |
| Possession, demolition or eviction orders; bail cancelled or granted; injunctions with daily operation | Immediate — interim orders here change facts on the ground |
| Declaratory judgments without immediate execution | Moderate — protective lodging remains prudent within days of the judgment |
| Opponent's limitation for SLP running out with no move | Renew the caveat at ninety days; challenges filed with condonation applications are common |
Drafting and lodging essentials
Practice note: The caveat is only as good as the response behind it. The caveator's file should be argument-ready from the day of lodging: a short note on why interim relief should be refused, the equities of execution, and any conduct of the petitioner relevant to discretion. When the SLP is served — often with a hearing date days away — the prepared caveator opposes stay on substance while the unprepared one asks for time, which is itself a form of losing the first hearing.
Caveats below the Supreme Court
The same instrument, under Section 148A directly, protects parties in the High Court and subordinate courts — against expected appeals, revisions and interim applications. A party who has won at trial and expects a first appeal in the Delhi High Court lodges the caveat there; a landlord expecting a challenge to an eviction order does likewise. The habit worth forming is uniform: every significant victory is followed, within days, by caveats in every forum where a challenge could realistically surface.
The takeaway
Litigation's hardest-won asset — a favourable judgment — is most vulnerable in the days after it is pronounced, when the losing side chooses its forum and frames its narrative unopposed. The caveat is the inexpensive, routine act that closes this window. Lodged precisely, served properly, renewed on schedule and backed by a ready opposition note, it ensures that the first thing the Supreme Court hears about the caveator's judgment is not the other side's version of it.
Frequently Asked Questions
What exactly does a caveat achieve?
It obliges the Court not to pass interim orders in the anticipated proceeding without notice to the caveator. The caveator gains the right to be served with the petition and to be heard at the very first hearing — which, in SLP practice, is precisely the hearing at which stay of the impugned judgment is sought and usually decided.
How long does a caveat remain in force?
The Section 148A principle gives a caveat a life of ninety days from filing. If the expected petition is not filed within that period, the caveat lapses and must be renewed by filing afresh. Parties expecting a delayed challenge commonly diarise renewal so no unprotected window opens.
Who can lodge a caveat in the Supreme Court?
A person claiming a right to appear before the Court on the hearing of a proceeding expected to be instituted — in practice, any respondent in the judgment under expected challenge, acting through an Advocate-on-Record, since filings in the Supreme Court are made through AoRs.
Does a caveat disclose weakness or invite the challenge?
No. Caveats are routine protective practice after any significant win — particularly where the judgment is executable, time-sensitive, or protects possession or personal liberty. The other side's decision to petition is unaffected by the caveat; only its ability to obtain unheard interim orders is.