Filing a Petition in the High Court
The High Court is the top-level court in each state. Filing a petition in the high court means to file a legal complaint or request in the court. It is mostly filed when your fundamental rights or legal rights are violated. After filing the petition, the court hears your problem and gives you proper justice. Where you mention what help you need from the high court, submit the reason and proof also. While filing a petition, you need to follow legal procedure. That’s why you need an experienced high court lawyer in Delhi, Advocate Rajal Rai Dua helps you through this filing process.
Types of Petitions File in High Court
- Writ Petition – When your fundamental rights are violated, file the writ petition.
- Public Interest Litigation –File the PIL petition for society problems like environment issues etc.
- Civil Petition – Issues like property, money or agreement where request justice or compensation like money return, property handover or stay order.
- Habeas Corpus – Arresting people illegally.
- Mandamus, Certiorari, Prohibition, Quo-Warranto – When the government or authority is doing wrong things, file these petitions in the high court.
High Court Powers Under Articles 226 and 227
Based on Article 226, the high court has the power to protect fundamental rights. Using this article, you can file a writ petition in the high court, like habeas corpus, mandamus, etc. Where the government party or private authority violates your legal rights, you file the petition. Article 227 empowers the High Court to oversee and regulate the functioning of lower courts. When a delay or legal error happens, the high court interferes with it and monitors the case. So, Article 226 is for direct relief and Article 227 is for court supervision.
Step-by-Step Process for Filing a Petition in the High Court
Step 1: Understand Your Legal Issue
First, confirm your problem is suitable for High Court legal matters, like whether fundamental or legal rights are violated or not.
Step 2: Get Legal Advice
Get legal advice from an experienced Delhi High Court lawyer. Rajal Rai Dua can guide you on whether your case is fit for filing.
Step 3: Draft the Petition
What specific support or decision are you requesting from the court? You can also mention them in the petition.
Step 4: Gather Required Documents
Submit all the supporting documents, like affidavits, annexures, vakalatnama, ID proof and proper court fee stamps.
Step 5: Submit the Petition at the High Court Registry
The High Court registry reviews your petition before accepting it.
Step 6: Receive Diary or Case Number
The registry can give you a case number or diary number. Where you can track your application
Step 7: Wait for Case Listing
Where the court decides the date and lists your case for the first hearing.
Step 8: Notice and Reply Stage
The court sent the notice to the opposition party and submitted counter-file affidavits to the court.
Step 9: Attend Court Hearings and Arguments
Both sides’ lawyers attend the court hearings and will present arguments before the judge during the hearing.
Step 10: Final Order or Judgement
Finally, the judge gives you judgement based on your petition.
Documents Required for Filing a Petition
- Petition Copy – Clearly draft the main petition with all case details and relief and legal points.
- Affidavit – Submit the sworn statement that means mentioning the above details in the document as true.
- Annexures – Related documents are submitted, like letters, phone numbers, emails, etc.
- Vakalatnama – A legal paper that allows your lawyer to speak and act for you in court.
- ID Proof – Valid identity cards should be submitted, like Aadhar, Voter ID, etc.
- Court Fee Stamps – A filling petition is required to pay court fees that are in stamp or receipt form that is also submitted.
- Index & Memo of Parties – Mention the list of documents and clearly write the names and addresses of all parties involved.
Drafting the Petition
- Clear Introduction: Briefly explain the issue of your case in a clear and simple way.
- Facts Section: Clearly explain what happened in your case step-by-step in the correct order and include important dates and events.
- Reliefs Asked: Mention clearly what help or solution you need from the court.
- Legal Grounds: Where you mention which law or constitutional article supports your case.
- Case Laws: If possible, add the old court judgement also.
- Language & Format: The petition should be written in formal English and prepared in legal formats.
- Signature & Verification: Sign the petition and verify it.
Details of Court Fees and Legal Costs
Court fees change based on what the case is about and what help you are asking from the court. Based on the high court rule, stamp paper or e-court fees were used. High court lawyer charges based on case complexity. Draughting charges for preparing a petition. File the petition into the registry, filling in the charges you need to pay for binding and printing. Urgent listing or stay requests are the special requests in the High Court with additional costs to pay. At Dua’s & Dua’s, Advocate Rajal Rai Dua, a leading high court lawyer in Delhi, helps you legally through this process.
Process After Filing the Petition in Court
- Diary Number or Case Number: After filing, the court assigns a diary number or case number to your petition. Used for tracking your case.
- Case Listing and Hearing Date: The registry verifies your case, then the court fixes the hearing date.
- Court Issues Notice to the Opposite Party: Court sends the legal notice to the opposite party and asks for an explanation from their side.
- Counter Affidavit: The other party gives their written reply to your petition.
- Written Answer Submission: Give your written response to the counter affidavit and answer the other side’s claims.
- Hearing Begins: Oral arguments where the judge analyses the case and issues the final decision.
High Court Grants Final Relief
After the final judgement, the court accepts your petition or relief given to your petition or direction to the government authority. Based on how you prepare a petition, evidence is also considered. That’s why you need an experienced high court lawyer in Delhi, Advocate Rajal Rai Dua, where you have more chances to succeed.
