A case is filed in the Calcutta High Court either on its Original Side, which exercises ordinary civil jurisdiction over suits and matters arising within the ordinary original civil jurisdiction of the Court, or on its Appellate Side, which hears appeals, revisions and writ petitions. Whether your matter is instituted on the Original Side or the Appellate Side depends on the nature of the proceeding and on where the dispute arises, and the two sides follow different rules of procedure and different filing counters. A petition under Article 226 of the Constitution for a writ is presented on the Appellate Side, while an application under Article 227 seeking superintendence over a subordinate court also lies on that side.
Who this applies to
This guide is for individuals, companies, trusts and associations in West Bengal who need to move the Calcutta High Court, whether for a writ against a government body or authority, an appeal from a civil or criminal court below, a revision, or a suit on the Original Side. It also helps a litigant understand what must be kept ready before approaching the advocate, so that the institution of the case is not delayed by paperwork.
Original Side and Appellate Side
The Original Side hears civil suits and matters, including testamentary and company matters, connected with Kolkata within the limits of the Court's ordinary original civil jurisdiction, and it operates under the Original Side Rules. The Appellate Side hears first and second appeals, revisions, and writ petitions under Articles 226 and 227 of the Constitution, and it operates under the Appellate Side Rules and the Writ Rules. Court fees are governed by the Court-fees Act as applicable to West Bengal and the relevant rules. Because the side on which a matter is instituted affects the procedure, the limitation and the listing, confirm the correct side at the outset.
Appearance and the advocate
On the Original Side, an advocate on record is generally required to act for a party, and the Rules prescribe the manner of appearance, the filing of the memorandum of appearance and the obligations of the advocate on record. On the Appellate Side a party appears through an advocate, and a vakalatnama authorising the advocate is filed with the petition. A litigant who is not represented may be permitted to appear in person in appropriate cases, but in practice a matter of this kind is conducted through counsel.
Filing through the e-filing facility
The Calcutta High Court provides an e-filing facility for the electronic institution of cases. Through it a caveat, a petition, an application, an appeal and the accompanying documents are uploaded, e-stamped where required, and placed before the appropriate Bench for admission. The registry then scrutinises the papers, raises objections if any, and lists the matter. Verify the current process and the required formats at the e-filing counter or on the Court's official facility before you upload, as the procedure and the approved formats are updated from time to time.
Stages in a filed matter
- Caveat, if you expect a matter to be filed against you.
- Institution of the petition, suit or appeal with the court fee and annexures.
- Scrutiny and objection by the registry, with opportunity to cure defects.
- Listing before the appropriate Bench for admission or for orders.
- Service of notice on the opposite party and filing of the affidavit of service.
- Filing of the vakalatnama and the memorandum of appearance.
- Hearing, evidence where required, and final orders.
Writ petitions under Articles 226 and 227
A writ petition under Article 226 is presented against a State, an authority or a person exercising public functions, seeking a mandamus, certiorari, prohibition, quo warranto or habeas corpus. The petition sets out the facts, the grounds, the relief claimed and the interim relief sought, and is supported by an affidavit and annexures. Article 227 is used to seek the superintendence of the High Court over a subordinate court or tribunal. A litigant should keep ready the order or communication challenged, proof of earlier representations, and any statutory remedy already exhausted.
Documents to keep ready
- The order, notice or communication that is being challenged, with a legible copy.
- The judgment or order under appeal, with a certified copy where an appeal is filed.
- The plaint, written statement or pleadings in the court below for an appeal or revision.
- Proof of service of the earlier notices and representations.
- Vakalatnama, affidavit and the prescribed application or petition form.
- Proof of identity and the cause title particulars of the parties.
- Court fee as prescribed, and the copies required for service on the opposite parties.
Certified copies and appeals
To prefer an appeal, the appellant must ordinarily obtain a certified copy of the judgment or order from the court below and file it with the appeal. The certified copy application is made to the copying department of that court, and the period spent in obtaining it is often excluded in computing limitation. Keep the application, the receipt and the copy together, as these are checked at the time of institution.
Does every Kolkata civil suit go to the High Court?
No. Only matters within the ordinary original civil jurisdiction of the Calcutta High Court on its Original Side are instituted there. Other civil suits are filed in the City Civil Court, Kolkata or the appropriate district court, and reach the High Court by appeal or revision.
Can I file without an advocate?
In appropriate cases a party may be permitted to appear in person, but the procedure is technical and matters on the Original and Appellate Sides are ordinarily conducted through an advocate. Consult counsel before deciding.
How is a defect in filing cured?
The registry lists the objection on the file. The party is given time to remove the defect by supplying the missing document, correcting the cause title or paying the shortfall, after which the matter is re-presented for listing.
Need to institute or defend a matter in the Calcutta High Court? FileX Advocates & Legal Consultants at 14 Hare Street, Kolkata 700001 prepares writ petitions and appeals, handles e-filing and cures registry objections. Call +91 7439811422 or message us on WhatsApp at https://wa.me/917439811422. See our writ petition services, our civil litigation practice, formats at civil litigation formats, or contact our team.