What is a Caveat Petition? Who Can File It and What Documents Are Required?

As the Waqf Bill becomes law, legal battles reach the Supreme Court. The Centre files a caveat petition. Here’s what it means.

With the Waqf Amendment Act, 2025 now enacted, legal challenges are gaining momentum. Nearly a dozen petitions—including from the All India Muslim Personal Law Board, Jamiat Ulama-i-Hind, Kerala’s Samastha Kerala Jamiyyathul Ulama, Congress MP Mohammad Javed, and AIMIM chief Asaduddin Owaisi—have been filed in the Supreme Court, questioning the constitutional validity of the new law. These are likely to be listed before a bench soon, though they haven’t appeared on the court’s online portal yet.

In a proactive move, the Central Government filed a caveat petition in the Supreme Court on Tuesday, requesting that no orders be passed without hearing its side.

What is a Caveat Petition?

The term “Caveat” originates from Latin and means “beware” or “be cautious.” In legal terms, it is a preventive measure—a formal notice filed by a party to ensure that no order is passed against them in a legal proceeding without being heard.

A caveat petition under Section 148A of the Civil Procedure Code (CPC), 1908, allows any person who anticipates that another party may file a legal proceeding against them to be heard before any interim relief or decision is granted.

In this case, the Union Government, by filing the caveat, has ensured that no ex parte order (an order passed in the absence of one party) is passed in the Waqf Act petitions without presenting its arguments.

Key Provisions and Legal Validity

• Section 148A of CPC governs the caveat procedure.
• The person filing the petition is called a caveator.
• The petition remains valid for 90 days from the date of filing. It must be renewed after expiry to remain effective.

Purpose of a Caveat

• To protect the rights and interests of a party likely to be affected by a legal proceeding.
• To ensure fair hearing before any interim or final order is passed.
• It prevents ex parte orders, saving courts from repetitive or avoidable litigation.
• Caveats can be filed in civil courts, High Courts, and the Supreme Court, though some High Courts may exclude appeals or execution proceedings from caveat provisions.

Who Can File a Caveat?

Any individual or entity that expects to be affected by an order in a suit or legal proceeding can file a caveat.

• The caveator need not be a party to the original suit, but they must demonstrate potential impact from the order.
• A caveat can be filed by the person directly or through their authorised legal representative.

When Can a Caveat Be Filed?

• Typically after a judgment or order is passed.
• But under Section 148A, it can also be filed in anticipation of a case or order.
• There is no standard format in CPC for filing a caveat; it is submitted as a petition with supporting documents.

Required Documents for Filing a Caveat

To file a caveat petition, the following documents are typically required:

1. Identity proof (e.g. Aadhaar card) of the caveator
2. Vakalatnama and Memo of Appearance (authorising the lawyer)
3. Copy of disputed or relevant court order (if applicable)
4. Affidavit signed and verified by a notary or oath commissioner
5. Proof of service – a copy of the registered postal receipt showing notice sent to the opposite party
6. Index form – listing all documents enclosed

How to File a Caveat Petition: Step-by-Step

1. Draft the caveat petition and supporting affidavit.
2. Get the affidavit notarised or verified by an oath commissioner.
3. Attach the Vakalatnama authorising the advocate.
4. Include a copy of the relevant order or judgment, if available.
5. Send a copy of the caveat notice to the opposite party by registered post and retain the receipt.
6. Submit all documents in prescribed format as per the court’s filing rules.
7. Ensure registration in the Caveat Register maintained by the court.

Why This Matters in the Waqf Case

The Centre’s filing of a caveat ensures that it is heard before any interim relief is granted in the ongoing constitutional challenges against the Waqf Amendment Act, 2025. This is a strategic legal move to safeguard the government’s position and prevent surprise interim orders that may halt the law’s implementation.

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