The High Court Lawyer: How to file a Case at the High Court

The High Court Lawyer: How to file a Case at the High Court

The High Courts wield both Ordinary and Extraordinary Jurisdiction, the latter under Article 226 of the Indian Constitution, empowering them to issue writs. Their Ordinary Jurisdiction grants them the authority to adjudicate cases without intermediary stages, while their Appellate Jurisdiction allows them to hear appeals from subordinate courts. These courts are guided by their respective Original and Appellate Side rules, governing the procedures for their Original and Appellate Jurisdictions. Each High Court in India possesses its unique set of these rules, tailored to its specific requirements, albeit with slight variations. When searching for the ‘Best Lawyer for High Court in Bangalore’, understanding the nuances of these rules can be crucial for navigating legal proceedings effectively.

How is a Case Filed at the High Court in India.
High Court of Karnataka, Bangalore

In every High Court, there exists a Registry overseen by a distinguished figure, typically the Registrar, Joint Registrar, Deputy Registrar, or an authorised officer. All legal submissions, including plaints, petitions, applications, and memoranda of appeal, must be tendered by the concerned parties themselves, their duly authorised representatives, or an Advocate acting on their behalf, at the designated filing counter of the Registry. Subsequently, the responsible officer at the filing counter will affix the date of receipt onto the document presented, be it a petition, memorandum of appeal, or application, and also on the duplicate copy of the index, returning both to the filing party.

The Registry promptly allocates the received plaints, petitions, or applications to the appropriate sections of the relevant files. Meticulous scrutiny of the submitted pleadings is then undertaken to ensure their compliance with established standards. Should any deficiencies be detected, the Registrar, Deputy Registrar, Assistant Registrar, or designated officer will communicate the objections to the filing party via notice, prompting rectification or removal of the identified flaws within a stipulated timeframe. These deficiencies may pertain to insufficient court fees, documents submitted in a language other than English (which must be accompanied by an English translation), or non-compliance with High Court Rules.

Failure to address objections within the specified period may result in the registration of the pleading or document, subsequently leading to its inclusion in the Court’s schedule for dismissal due to lack of prosecution.
Upon satisfactory presentation of pleadings, applications, and documents in accordance with prescribed guidelines, the Registrar proceeds with their registration and compiles a roster of cases slated for hearing.

How does one know that a case is filed against him/her at the High Court?

The Writ of Summons is dispatched to the opposing party, compelling their appearance and the submission of a rejoinder to the petition lodged against them. The delivery of this summons follows the stipulations outlined in Order 5 of the Code of Civil Procedure, 1908. Failure to serve the Writ of Summons promptly within a reasonable timeframe leads to the suit being slated for dismissal. In response to the opposing party’s submission, the plaintiff initiating the suit may file a Replication. This serves as a rebuttal to the response furnished by the opposing party. For those seeking the finest legal representation in the High Court of Bangalore, it is crucial to engage the services of the most adept advocates.

Feel free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients representing at both District Courts, Family Courts and the High Court of Karnataka.