Inspired by Mr. Abhinav Chandrachud’s 2016 Article titled as “Litigation 101: Bombay High Court Practice and Procedure”, the following is a very brief introduction to the practice of litigation at the High Court of Punjab and Haryana at Chandigarh.
In this article, I have attempted to only generally sketch how a case travels through the High Court. It cannot be gainsaid that there is no substitute to actually “practice”, witness and understand what this article seeks to describe. Yet, for those who have stumbled here, I hope it offers an insight and fuel further curiosities at least of those interested in pursuing or studying litigation. In any case, for anyone considering to study this aspect in its full detail, it is advisable to go through the High Court Rules and Orders.
Drafting
There is no mandatory requirement for the client to sign upon all pages of the pleadings/annexures and in some cases, only the last page is required to be signed. However, in many matters, it is necessary for the client to depose as to the correctness of the contents of the pleadings by way of a short-affidavit. In many other cases, such as regular bail applications, it is not even necessary for the client to sign upon the pleadings, or even file an accompanying affidavit, provided that there is a duly executed Vakalatnama/Power of Attorney.
E-Filing
As of now, for some category of cases like Civil Writ Petitions and Arbitration applications, E-filing has been directed to be mandatory. After a case is prepared with all the pleadings and annexures, and the same is complete with all the signatures and page-numbering, the same can be e-filed online. Now even the court-fee can be paid online. If there is some objection or defect, the Registry can raise it as per the Codes provided in what is called the “Objection Check List” and the same must be cured or responded to. Once it is “accepted” on the online portal, a Hard-Copy is required to be mandatorily handed over to the Registry.
Filing
For cases where E-filing is not mandatory, this is the first step in the process. When a case is submitted over the counter at the Registry, it is stamped acknowledging its receiving and the same is assigned a “Diary Number”. Instantly, an SMS is sent to the Advocate containing the said Diary Number. Thereafter, the filing status can be tracked using the said Number on the High Court’s website. If a defect/objection is raised by the Registry, the file can be taken back from the appropriate desk for curing of objections. Once the objections are cured, the case can be re-filed. Most of the times, the objection might relate to the illegible and unclear copies of annexures. If there is not enough time on hands, and the matter is of extreme urgency, a note can be put up by the counsel stating that exemption from filing true-typed or certified copies is prayed for, and therefore, the file “may kindly be put up as it is before the Hon’ble Bench.” However, thereafter, the bench/judge may nonetheless still direct clearer or true-typed copies of such documents to be filed.
Case-numbering and categorisation
Once the case is accepted, it is numbered under the relevant nomenclature. For example, a Civil Writ Petition is number as CWP No. ______ of 2026, and a Regular Second Appeal is numbered as RSA No. ______ of 2026. Chapter 2 (E) in Volume V of High Court Rules and Orders provides for the nomenclature employed for different kinds of cases. For the purpose of assignment of the case to a particular Bench/Judge, the Registry also assigns a category number which further connects all cases of that particular category to such Judge/Bench which has been assigned to deal with cases of that category as per the “Roster” issued by Hon’ble the Chief Justice. For example, under the larger umbrella Case Type CWP, there are categories such as “58.1-Service Matters Government Employees-Haryana”, “60.4-Education Matters Relating To Admission Of Ut Chandigarh (Others)” And “8.5-Housing Urban Industrial Development (Punjab)”. The roster divides cases across subject-areas, as well as in terms of the territoriality. For example, while one kind of service-related disputes from Punjab may be allocated to one judge/bench, the same kind of service-related disputes from Haryana might be allocated to some other judge/bench. Once a case is registered as filed, an SMS gets sent to the counsel notifying “case-number” allotted against the Diary Number.
Listing
Listed for when?,( i.e. time)
Broadly, there are three kinds of lists, viz. Urgent, Ordinary/Motion and Regular. That usually, a case is capable of being identified from its “item-number” on the list. The urgent list commences from item number 101, the Ordinary/Motion from item number 201 onwards and the Regular from item number 301 onwards. I shall deal with the Regular list later. For now, it would be fit to discuss the Urgent and the Ordinary lists. The listing of the case depends on two major things. One is whether it was mentioned before the Bench for listing either on that very same day, i.e. on the day it is filed (i.e. mentioning for listing “today”) or for the very next day (i.e. mentioning for listing “tomorrow”).
If it was so mentioned, and the same as allowed, then it would be listed either on the very same day or on the next day, as the case may be. In this situation, a “Mentioning Form” essentially requiring a brief statement of the reason as to the urgency is required to be placed on top of the case, i.e. before the Index/Table of Contents. Once the oral mentioning is allowed, the Bench Secretary/Reader signs and stamps directing listing of the case. If it is to be listed on that very same day, it will feature so onto the Supplementary List which is published on that very day. If the case is not mentioned, and is filed as it is, then it gets listed in the Ordinary/Motion List. If however, the case is filed with an “Urgent Form” as provided for in Rule 9, Chapter 3-A, and before 12 noon, then it gets listed in the Urgent List after a gap of one day. To exemplify, if the case is filed as such on a Monday, it gets listed on Wednesday.
Usually, when the Court sits at 10 AM, it starts with the Urgent List (“101” onwards), and once the same is exhausted, then the Court takes up cases listed in the Ordinary List (“201” onwards). Generally, once both the above lists are exhausted, then the Court may take up admitted cases from the Regular List (“301” onwards) which feature on the “Taken up List” for the given day.
Listed before whom? (i.e. the Bench)
When someone new walks into the Court, they wonder why are some judges sitting singly and why do some courtrooms have two judges sitting together, i.e. in a Division Bench. Moreover, apart from the fact that the Letters Patent Appeals (LPAs) are to be heard by a bench of two judges (since they arise out of an order of judgment passed by a Single Judge), it may not be clear at first instance as to why some cases are listed before the Division Bench and why some others are listed before a Single Judge.
That under Chapter 3-B in Volume V of the High Court Rules and Orders, various classes of cases are categorised into broadly two types. Firstly, those which are to be heard and decided by a Single Judge (or the Single Bench, i.e. SB). Secondly, those which are to be heard by a Division Bench (DB). Rule 1 (i) of the said Chapter specifies the following cases to be heard and decided by a SB:
“a motion for the admission of First Appeal against decree of subordinate court, Regular First Appeal under the Land Acquisition Act, Regular Second Appeal, First Appeal against orders, First Appeal against order under Central or State Acts, unless otherwise provided in the Act, Execution First Appeals, Execution Second Appeals, Second Appeal against orders, Second Appeal against order under Central or State Acts unless otherwise provided in the Act, Civil Revision Petitions and any other application or petition under Code of Civil Procedure or under any Central or State Act, unless otherwise provided in the Code or Act.”
On the other hand, Rule 1 (a) of the same provides the following kinds of cases to be heard by a DB:
“The preliminary hearing for the admission of Letters Patent Appeals, Civil Appeals (Contempt), Company Appeals, Sales Tax Cases and Gift Tax Cases shall be before a bench of two judges.
Explanation.– Appeals against the decree or order passed under Hindu Marriage Act, 1955 and under Guardian and Wards Act, 1870 shall be heard and disposed of by a bench of two Judges or more.”
As an example, Rule 1 (xix)(a) further specifies that the following classes of cases shall also be heard by a DB:
“(xix) (a) Application or petition under Article 226 of the Constitution of India for the issue of any directions, orders or writs in the nature of mandamus, prohibition, quo warranto or certiorari or for the enforcement of the fundamental rights conferred by Part III of the Constitution of India or for any other purpose except the hearing of such application or petition in respect of :-
(i) Public Interest Litigation;
(ii) Green matter;
(iii) Petitions against orders of Central Administrative Tribunal;
(iv) Tax Matters;
(v) Petitions challenging Compulsory Acquisition of Land/Immovable Property including matters in respect of the Change of Land use except those challenging valuation of the acquired land or apportionment of compensation;
(vi) Writ Petitions questioning the vires of any statutory provision;
(vii) Election matters challenging the Election process in relation to Parliament, Legislative Assemblies, Municipalities and Panchayats; disqualification of Members of the Legislative Assembly and Parliament; (viii) Tender matters;
(ix) Matters in respect of resumption of land/plot or building under the Urban Development Laws of the States of Punjab, Haryana and Chandigarh;
(x) The matters challenging the action of the Financial Institutions under the State Financial Corporations Act, 1951 & the Recovery of Debts due to Banks and Financial Institutions Act, 1993 & Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002;
(xi) All Service matters of the Judicial Officers;
(xii) The Petitions in respect of the rights in Mines and Minerals, Village Common Land and Consolidation of Land Holdings; and
(xiii) Any other matter with the orders of the Chief Justice. shall be before a Bench of two Judges.”
Another distinction comes forward in the listing of criminal appeals, where under Rule 1(b)(e), “[a]n appeal against the conviction wherein the sentence of more than 10 years imprisonment or death has been awarded” are listed and heard by a DB, and on the other hand other criminal appeals, (unless otherwise specified) are usually heard by an SB.
Thus, in terms of the above rule, whenever a case is filed as a fresh case, it gets listed and so published in the “Causelist”, and that’s how one knows when a case is listed and before whom. While the above rules broadly guide as to whether a case will be heard by an SB or a DB, to find out as to which specific SB or DB will hear a particular case, the Roster framed by Hon’ble the Chief Justice assumes importance, which has been dealt with above.
Hearing(s)
Urgent hearing
Rule 1 of Chapter 3-A in Volume V of the High Court Rules and Orders provides that:
“ The Court will be opened daily, except on authorized holidays, for the transaction of judicial business, between the hours of 10 a.m. and 4 p.m. with Lunch break of 45 minutes between 1 p.m. to 1.45 p.m.
No fresh case will ordinarily be called on for hearing after 4-30 p.m.; but the hearing of a part-heard case may be continued so long as the court hearing it may deem necessary.”
From around 10 AM, after taking the ‘mentionings’ for the day, cases are called out for hearing by the Reader from “101” onwards. On the first date, the respondents may or may not appear. Usually, the State/Government respondents appear on the basis of an advance notice.
A private respondent may appear when they have either filed a caveat or when they may have come to know about the case being filed/listed upon doing their due diligence. When the case is listed for the first time ever (i.e. “fresh case”), there are usually three possibilities.
First, only upon hearing the petitioner/applicant/appellant, the court may dismiss the case in-limine. Since the case is being dismissed, there is no requirement for hearing the respondents. Although the case can even be finally decided if the other side is represented, they accept notice in court and waive their right to file a reply, which is rare.
Second, the Court may simply adjourn the case on the request of either parties, or it may issue some direction to either parties, for example to file an affidavit or place on record some documents.
Third, the Court may issue “Notice of Motion” which basically implies that the case to be fit enough so as to warrant the filing of a reply by the respondents. This is also called issuance of process.
Furthermore in any of the above eventualities, if convinced, the court may also grant appropriate interim relief, for example in the form of either “stay” or “status quo”. Thereafter, a case is adjourned for the next date when the respondents are expected enter appearance and/or file a reply. Once notice of motion is issued, thereafter the case travels to the Ordinary/Motion cause list, and on the next date, it would be listed at any number beginning from “201” onwards.
Ordinary and Motion Hearing
Once the matter gets onto the Ordinary/Motion List, then it is usually adjourned a few times for the parties to “complete pleadings” by filing replies and rejoinders/replications thereto. Cases where written pleadings are complete, i.e. all the parties have filed replies and rejoinders/replications thereto have also been filed are colloquially called “Complete Cases”, and wherever written pleadings have not yet been filed are colloquially referred to as “Incomplete Cases”. Within the Ordinary/Motion list, some judges prefer to take up incomplete cases before taking up complete cases. On an average, complete cases are relatively more amenable to final adjudication than incomplete cases. Although when filing of a reply by one party may not be deemed to be essential, then the court may go on to finally decide even an “incomplete case”.
When a case is filed, it is only page-numbered on its own, i.e. pleadings of only he petitioner/applicant/appellant are page numbered in seriatum. However, as the case progresses, it gets accumulated with replies/affidavits/applications/rejoinders, and the same are also page-numbered by the Registry, usually seriatim starting right after the last page of the original case paper-book. For example, if a case filed at first instance had 300 pages on its own, the first reply of any of the respondents will be page numbered that its first page will be numbered as 301 and so on. So as the hearing of a case progresses, and as its written pleadings accumulate, it is advisable to file for “inspections” at the Registry to as to inspect the actual case-file as maintained by the Court and to maintain one’s own copy thereof, which should be as similar as possible in terms of page-numbering so that there is ease of reference during oral arguments.
Another marker of hearings entails as to how much of a case has been heard by a bench/judge. While case-allocation takes place through a roster where the above referred categories or classes of cases are assigned to a particular bench. Sometimes, if a case has been substantially heard by one bench/judge, the said bench/judge may choose to mention so in an interim order. Usually such an order ends with an observation such as ‘Part heard’ or ‘Heard in part’. In this scenario, even if the case is adjourned to a subsequent date and by that subsequent date somehow the roster happens to change and the category of cases to which the said case belongs is no longer assigned to that old bench/judge, still, because the case has been ‘Part heard’ or ‘Heard in part’, it will still be heard by that old bench or the judge only, notwithstanding that it may no longer hold the category in that roster.
Judgments/Final Order
Once the case is heard finally, then there are two possibilities in which a judgment or a final order may come out. First, the judge/bench may orally dictate the order/judgment right then and there in the open court. Second, and this happens usually when the case might be relatively more voluminous, the judge may “reserve” the case for the writing of a judgment. In this eventuality, the case will be listed on a future date in the “Pronouncement List”. Apart from the orders being available in certified hard copy on the filing of an appropriate application, now all orders/judgments are also uploaded on the Court’s website for public access.
Author Bio: Abhijeet Singh Rawaley is and Advocate pr acting in Punjab and Harayana High Court.He is has done BCL from Oxford University and BA.LLB from NALSAR University of Law.
Credits: This series is planned, coordinated and edited by Jeetendra Vishwakarma. This is published by Vedang Chouhan and social media was designed by Nivedita from the LAOT team.
