Follow these steps to file a case in the High Court in India:
- Hire a lawyer. To file a case in the High Court, it is important to hire a lawyer. They must be licensed to practice in that particular High Court.
- Draft a petition. The next step is to draft a petition or complaint that contains all the relevant facts. This includes legal grounds, and prayers (reliefs) that the petitioner is seeking. Draft the petition according to the rules and procedures of the specific High Court where you are filing the case.
- Filing the petition. File the drafted petition in the High Court with the required court fees. Submit it to the registry of the High Court with jurisdiction over the matter.
Notice
- Serving notice. After filing the petition, serve a copy of the petition along with the relevant annexures to the opposite party. They need to be served to the opposite party. Usually through registered post or through an advocate.
- Preliminary hearing. After serving the petition, the court may conduct a preliminary hearing to verify document submission and case readiness.
- Contesting the case. If the opposite party contests the case, they will have to file a written statement in response to the petition. The petitioner will then have the opportunity to file a rejoinder.
Evidence
- Evidence. Once both parties exchange written statements, they can present evidence to support the case. This includes witness testimony, documents, and other relevant evidence.
- Final hearing and judgment. After presenting all the evidence, the court will conduct a final hearing and deliver its judgment on the case.
It is important to note that the process may vary slightly depending on the specific High Court and the nature of the case. It is advisable to consult with a lawyer for guidance and assistance throughout the process.
