1. Determine Jurisdiction
Before filing, confirm:
Whether the High Court has territorial and subject-matter jurisdiction.
Should the case be filed under Original Side (e.g., certain civil matters, commercial suits) or Appellate Side (e.g., writ petitions, appeals from lower courts)?
2. Drafting the Petition or Application
- Engage an advocate-on-record or a senior lawyer enrolled with the High Court.
- Prepare the petition/appeal with all necessary facts, grounds, and prayers.
- Attach all relevant documents as annexures with proper indexing and pagination.
- Include Vakalatnama (if filing through an advocate), and any required affidavits.
3. Stamp Duty and Court Fees
Pay the appropriate court fees as per the Court Fees Act.
Payment is made using court fee stamps, available through licensed stamp vendors or the High Court’s e-court system.
4. Filing at the Filing Counter
- Submit the papers at the Filing Section of the Calcutta High Court:
- Original Side Filing Counter (Main Building)
- Appellate Side Filing Counter (Main or Centenary Building)
- The staff will check formatting, annexures, and fees.
- On approval, the papers are assigned a Diary Number.
5. Scrutiny by the Registry
- The Court Registry reviews the petition for any defects.
- If defects are found (like missing annexures, improper pagination), a notice is issued.
- You must rectify the defects within the prescribed period (usually 7–15 days).
6. Listing of the Matter
Once defects are cleared, the matter is listed before the appropriate Bench.
You will be notified via the cause list, published daily on the Calcutta High Court website.
7. Court Hearing
- On the hearing date, your advocate presents the case.
- Interim relief (if sought) may be granted.
- The matter is then heard and disposed of or posted for further hearing.
8. Post-Filing Steps (if applicable)
- Service of notice to the opposite party.
- Filing reply/counter affidavits, rejoinders, etc.
- For final hearing: prepare a brief of arguments, relevant citations, etc.
Documents Typically Required
- Petition/Application
- Vakalatnama
- Affidavit in support
- Court fee receipt
- List of dates/events
- Index & Memo of Parties
- Copies of annexures (usually 2–3 sets)
- Any statutory form (e.g., Caveat, Certificate of Urgency, etc.