Each High Court has its own rules for filing. In general, a petition is prepared as a paper book with an index, synopsis, list of dates, petition, affidavit and annexures, is filed with the court fee at the registry or on the court's e-filing system, is checked for defects, and is then numbered and listed before a bench.
- Category
- Court Rules & Filing
- Court or forum
- High Court
- Type of content
- General information, not legal advice
- Last updated
Purpose and background
Filing is the step at which a petition enters the court's records. The registry checks that the petition follows the court's rules on form, paging, copies, fee and documents, and raises objections, called defects, which must be removed before the matter is listed.
Rules differ between High Courts. The Bombay High Court, for example, has an Appellate Side and an Original Side, each with its own rules, and benches at Nagpur, Aurangabad and Panaji. Read the rules of the court and the bench where you are filing.
Jurisdiction: where is it filed?
File in the High Court, and at the bench, that has jurisdiction over the matter. The directory on this website links to the official website of each High Court, where its rules and notices are published.
Procedural stages
- Read the High Court's rules for the type of proceeding and note the required format and number of copies.
- Prepare the paper book: index, synopsis, list of dates, the petition with a verification, the affidavit and the annexures, with page numbers.
- Calculate and pay the court fee or stamp, where the rules require one.
- File at the registry counter or through the court's e-filing system, and note the filing number.
- Check the registry's report on defects and remove each defect within the time allowed.
- Once the registry clears the petition, it is numbered and listed. For urgent matters the rules allow a request for early listing, called mentioning.
Documents commonly required
- Petition with verification and affidavit
- Index, synopsis and list of dates
- Annexures marked and paginated
- Copy of the order or document challenged
- Vakalatnama or authority for the advocate
- Court fee or stamps and extra copies for the respondents, as required
Limitation and timing
Time limits for removing defects, and for filing after a cause of action, come from the court's rules and the Limitation Act. Check the registry's notices on the court's website.
Common questions
Can a petition be filed electronically in a High Court?
Many High Courts accept filing through an e-filing portal, in addition to or in place of filing at the counter. The procedure and requirements differ by court, so check the notices on the court's official website.
What happens if the registry raises defects?
The petition cannot be listed until the defects are removed. The registry's report states what is missing or wrong, and the advocate corrects them within the time allowed by the rules and files the petition again.
Official references
- India Code, for the text of Central Acts
- Supreme Court of India
- Official website and rules of the High Court concerned
- How to find the right High Court