Validity of a Caveat Petition in the Supreme Court of India
A caveat petition under Section 148A of the Code of Civil Procedure, 1908 (CPC), is a vital safeguard against ex-parte orders (orders passed without hearing one party). It ensures that the caveator is notified and given an opportunity to be heard before any judicial order is made.
One of the most important aspects of a caveat petition is its validity period, which determines how long the protection remains in force.
Duration of Validity
A caveat petition filed in the Supreme Court of India remains valid for 90 days (three months) from the date of filing. This rule applies uniformly across all courts in India, including Civil Courts, High Courts, and the Supreme Court.
Key Points Regarding Validity
- Commencement: The 90-day period begins from the date the caveat is officially filed and accepted by the Supreme Court Registry—not from the date of drafting or preparation.
- Automatic Lapse: If no proceedings are instituted by the opposite party within this 90-day period, the caveat automatically lapses and ceases to have any legal effect. After expiry, the court is no longer obligated to provide notice to the caveator.
- No Automatic Renewal: There is no provision for automatic renewal or extension. Once the 90-day period expires, the caveat becomes invalid.
- Fresh Filing: If the caveator continues to apprehend proceedings even after expiry, they may file a fresh caveat petition. There is no restriction on the number of times a caveat can be re-filed, but each filing requires:
- Fresh drafting and filing through an Advocate-on-Record (AOR).
- Payment of court fees again.
- Service on the opposite party.
- Entry in the Caveat Register.
- Proceedings Filed During Validity: If the opposite party initiates proceedings during the 90-day validity period, the caveat serves its purpose by ensuring notice to the caveator. Even if the hearing extends beyond 90 days, the caveator’s right to be heard remains protected for that specific proceeding.
Practical Considerations
- Many litigants, including NRIs and corporate entities, choose to file successive caveats to maintain continuous protection.
- This strategy is particularly useful in property disputes, succession matters, family litigation, and commercial disputes where the threat of adverse proceedings remains ongoing.
- However, successive filings should be balanced against the costs involved and the strategic considerations of the case.
FAQs on Validity of Caveat Petition in the Supreme Court of India
1. How long is a caveat petition valid in the Supreme Court of India?
A caveat petition filed in the Supreme Court of India is valid for 90 days (three months) from the date of its filing. This validity period is prescribed under Section 148A of the Code of Civil Procedure, 1908, and applies uniformly to all courts, including the Supreme Court.
2. From which date does the 90-day validity period start?
The 90-day validity period begins from the date the caveat is officially filed and accepted by the Supreme Court Registry. It does not start from the date of drafting or preparation of the caveat petition.
3. What happens if no case is filed within the 90-day validity period?
If the opposite party does not initiate any proceedings within the 90-day period:
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The caveat automatically lapses
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It ceases to have any legal effect
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The Supreme Court is no longer obligated to give notice to the caveator after expiry
4. Does a caveat petition get automatically renewed after 90 days?
No. There is no provision for automatic renewal or extension of a caveat petition. Once the 90-day period expires, the caveat becomes invalid unless a fresh caveat petition is filed.
5. Can a caveat petition be filed again after expiry?
Yes. If the caveator continues to apprehend legal proceedings after the initial caveat expires, they are entitled to file a fresh caveat petition. There is no legal limit on how many times a caveat may be re-filed.
Each fresh filing requires:
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New drafting of the caveat petition
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Filing through an Advocate-on-Record
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Payment of court fees again
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Service of the caveat on the opposite party
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Entry in the Supreme Court Caveat Register
6. What if the opposite party files proceedings during the 90-day validity period?
If proceedings are filed within the 90-day period:
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The caveat achieves its purpose
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The caveator is entitled to receive notice and be heard
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Even if hearings extend beyond 90 days, the caveator’s right to be heard remains protected for that specific proceeding
7. Does the caveat protect the caveator after 90 days if a case is already filed?
Yes. If the case is filed while the caveat is valid, the caveator’s right to notice and hearing applies to that proceeding, even if the case continues beyond the 90-day period.
8. Is it advisable to file successive caveat petitions?
In many cases, yes. Litigants often file successive caveats to maintain continuous protection, especially when:
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The risk of litigation remains ongoing
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High-value property or commercial interests are involved
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Opposite parties are likely to approach the Supreme Court at any time
However, this should be balanced against cost considerations and legal strategy.
9. How does Legal Light Consulting help clients manage caveat validity?
Legal Light Consulting – LLC Lawyer assists clients by:
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Tracking caveat validity periods
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Advising on timely re-filing
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Managing successive caveat filings
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Supporting NRIs and clients residing outside India
Our proactive approach ensures uninterrupted legal protection.
Conclusion
The validity of a caveat petition in the Supreme Court is limited to 90 days, making timely and strategic filing essential. While successive caveats can be filed to maintain protection, careful planning is required to balance costs and legal strategy.
At Legal Light Consulting, we assist clients—including NRIs, individuals, and corporate entities—in filing, renewing, and managing caveat petitions. Our team ensures compliance with Supreme Court procedures and provides proactive protection against ex-parte orders.
Need Help with Caveat Renewal or Fresh Filing?
If you wish to maintain continuous protection against ex-parte orders in the Supreme Court, Legal Light Consulting can guide you through timely caveat filing and renewal strategies.
📞 Contact us today for professional Supreme Court caveat assistance.
