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Saturday, June 11, 2011

Filing of Documents / Pleadings / Application before District Courts : Need for Rules : Delhi High Court issues Notice

Justice Valmiki J. Mehta of the Delhi High Court in his order dated 2nd June, 2011 in Shamken Multifab Ltd. v. Satyam Packers had the occassion to deal with the lack of rules relating to filing of documents before the District courts in Delhi. Justice Valmiki J. Mehta has issued notice to the District and Sessions Judge, Delhi as also to the Chief Justice, Delhi High Court to examine the need to formulate rules for filing of documents / pleadings / applications before the District Courts. The relevant extracts from the order are reproduced hereinbelow;

In my opinion, this case raises a much larger question. It is found, in the District Courts, whenever, a litigant/counsel files any pleading/application/document etc., there is no filing counter at which such pleading/documents/application etc. can be filed and consequently, there is no proof which is immediately available with the litigant/counsel of the aforesaid having been filed. This can either cause inadvertent mistake or in certain extreme circumstances may even be exercised by a person with a vested right. It is, therefore, necessary that this larger question be examined by requiring framing of rules including as to whether filing number must be given necessarily to the litigant/counsel with respect to every pleading/application/document etc. which is filed in a court in the District Courts, or in the alternative a receipt should be given by the court staff or any other modality to ensure that counsel/litigant who files a pleading/document/application etc. in any court in the District Courts, has necessary proof/particulars of having filed the same.

5. Let a copy of this order be sent to the District and Sessions Judge, Delhi so as to examine the issue and report of the same be given to the court on the next date of hearing. It is also thought desirable that a copy of this order be placed before Hon'ble the Chief Justice of this court in view of the importance of the issue, so that the matter can be looked into.

The next date of hearing in the matter is 21st October, 2011.

(Reference : CM (M) No. 700 of 2011 titled "Shamken Multifab Ltd. v Satyam Packers")


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