Supreme Court Caveat Format: How to File a Caveat Against a Judgment or Order
A caveat helps a person who anticipates a petition or special leave petition before the Supreme Court seek notice of the proceeding and an opportunity to be heard, particularly when interim relief is requested. This guide explains the governing rules and provides a specimen caveat against a High Court criminal order.
What is a caveat in the Supreme Court?
A caveat is a notice lodged by a person who claims a right to appear when an anticipated or already lodged petition is heard. In the Supreme Court, Order XV Rule 2 of the Supreme Court Rules, 2013 specifically addresses caveats in petitions not relating to a pending appeal whose record has been registered. It provides for notice of lodging of the petition and for the caveator to obtain copies of the petition and supporting papers, subject to its conditions. The caveator must notify the petitioner after lodging the caveat if the petition has already been lodged.
Section 148A of the Code of Civil Procedure, 1908 sets out the general statutory caveat mechanism, including notice and service obligations. Its application must be considered together with the Supreme Court's own Rules and the nature of the proceeding. Order XXI of the Supreme Court Rules, 2013 contains additional provisions relevant to special leave petitions in civil matters. Criminal SLPs have their own procedural framework; use the appropriate case classification.
In its order dated 20 December 2024 in Saddam Hussain M.K. v. Union of India, the Supreme Court explained that a caveator's right to be heard on a request for interim relief should be distinguished from the question of grant of leave or admission. It also clarified that a Registry defect concerning service does not override an express judicial direction to list a case. See the official Supreme Court order.
How to file a caveat in the Supreme Court
- Identify the proposed proceeding: specify the impugned High Court, tribunal or commission judgment, its date, case number and parties. A challenge to an NCDRC order may have a different statutory appellate route; use the correct jurisdictional description.
- Prepare the caveat: provide the caveator's name, address, contact details, proposed opposing party and particulars of the order likely to be challenged.
- Arrange representation: ordinarily filings are made through an Advocate-on-Record, subject to the Supreme Court Rules governing parties appearing in person.
- File with the Registry or through e-filing: follow the current requirements for the caveat application, index, authorization and court fee.
- Serve notice where required: retain proof of service and check any Registry defects promptly.
- Track the caveat: use the official caveat-status service and follow the matter if an SLP or appeal is filed.
The Supreme Court's e-filing FAQ describes the steps for filing a caveat electronically, including entering caveator details, submitting the filing and curing Registry defects. Confirm current fee, document and validity requirements with the Registry; do not assume that a caveat remains effective indefinitely.
Supreme Court Caveat Format - Sample
The specimen below follows the original example: a proposed criminal special leave petition against an order of the Delhi High Court in a criminal miscellaneous case. Replace every blank and select the correct case classification before filing. If no SLP has been filed, do not invent an SLP number.
INDEX
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CAVEAT IN RESPECT OF PROPOSED SLP (CRL.)
Against judgment and order dated __________ passed by the High Court of Delhi at New Delhi in Crl. M.C. No. ______ of 20____
In the matter of:
__________________________
Address: __________________________
Proposed Petitioner / Appellant
VERSUS
__________________________
Address: __________________________
Caveator / Proposed Respondent
| Sl. No. | Particulars | Court fee |
|---|---|---|
| 1 | Caveat on behalf of the caveator / proposed respondent | Rs. ______ |
| 2 | Vakalatnama / authorization, as applicable | Rs. ______ |
| Total | Rs. ______ | |
Dated: __________ Section: __________
CAVEAT
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
IN THE MATTER OF A PROPOSED SPECIAL LEAVE PETITION (CRIMINAL)
Arising from the judgment and order dated __________ in Crl. M.C. No. ______ of 20____ passed by the High Court of Delhi at New Delhi
__________________________
Proposed Petitioner(s) / Appellant(s)
VERSUS
__________________________
Caveator / Proposed Respondent
To,
The Registrar,
Supreme Court of India,
New Delhi.
Subject: Caveat concerning the anticipated challenge to the judgment and order dated __________ passed by the High Court of Delhi at New Delhi in Crl. M.C. No. ______ of 20____.
Sir / Madam,
1. The caveator is the __________________ [state status as petitioner/respondent] in Crl. M.C. No. ______ of 20____ before the High Court of Delhi at New Delhi, in which the judgment and order dated __________ was passed.
2. The caveator has reason to believe that __________________, the opposite party in the aforesaid proceeding, may lodge a Special Leave Petition (Criminal) before this Hon'ble Court challenging the said judgment and order.
3. The caveator claims a right to appear and be heard in accordance with the applicable Supreme Court Rules, particularly if the proposed petitioner seeks an ex parte stay or other interim relief affecting the caveator's interests.
4. The caveator respectfully requests that the filing of the proposed petition be notified as required by the applicable Rules and that copies of the petition and supporting papers be supplied in accordance with the procedure prescribed by this Hon'ble Court.
5. The caveator undertakes to comply with applicable requirements concerning service, authorization and filing. A duly executed vakalatnama / authorization is enclosed, where applicable.
PRAYER
In the circumstances stated above, the caveator respectfully prays that this Hon'ble Court / Registry may be pleased to:
(a) Take the present caveat on record in relation to the anticipated challenge to the judgment and order dated __________ in Crl. M.C. No. ______ of 20____;
(b) Provide notice and an opportunity of hearing in accordance with the Supreme Court Rules, particularly before considering a request for interim relief affecting the caveator; and
(c) Pass any further order considered appropriate in accordance with law.
Filed by:
__________________________
Advocate-on-Record for the Caveator / Caveator appearing in person, as permitted
Address: __________________________
Email / Contact: __________________________
Place: New Delhi
Date: __________
Documents and filing checks
- Copy and accurate particulars of the impugned judgment or order of the High Court, NCDRC or other forum.
- Correct names and addresses of the proposed petitioner and caveator, including any alternate address relevant to service.
- Vakalatnama or other appropriate authority to act; filing particulars of the Advocate-on-Record.
- Index, prescribed fee, proof of service where required, and any further material called for by the Registry.
- Confirmation of the correct jurisdiction and whether a petition has already been lodged.
Practical distinction: A caveat does not itself challenge the judgment, extend the time to file an appeal, or obtain an injunction. It protects procedural participation to the extent provided by law. For a pending case, the applicable notice and appearance rules may differ from those for a proposed SLP.
Official Supreme Court resources
- Supreme Court Rules, 2013 and subsequent amendments
- Supreme Court e-filing instructions and caveat FAQ
- Supreme Court caveat status by caveat number
- Supreme Court of India official website
This specimen is for general drafting guidance. Court Rules, filing fees, procedural circulars and jurisdictional requirements may change. Verify the latest position before filing.