Common Defects Found by the Registry in High Courts

The Registry of every High Court in India acts as the administrative and procedural gatekeeper of judicial filings. Before a case reaches the Bench, it undergoes detailed scrutiny by the Registry to ensure compliance with the High Court Rules, Civil and Criminal Procedure Codes, and other procedural requirements.

Below is a comprehensive list of the most common defects noted by the Registry in Indian High Courts, categorized for easy reference.

A. Defects in Filing / Form

1. Non-filing or improper filing of Vakalatnama or Memo of Appearance — missing signatures, enrollment number, or authorization.
2. Incomplete cause title or memo of parties — addresses, descriptions, or array of parties incorrect.
3. Improper or deficient court fee — wrong amount affixed or stamps not cancelled.
4. Incomplete or unsigned index/list of documents — pages not numbered or annexures not properly referenced.

B. Defects in Documents / Affidavits

1. Unsigned or undated affidavits/petitions — missing verification or attestation by Oath Commissioner or Notary.
2. Mismatch between affidavit and petition — paragraphs or annexures incorrectly referenced.
3. Annexures not marked, signed, or authenticated — missing initials, illegible copies, or lack of translation certificates.
4. Insufficient sets of copies — not enough copies for all respondents or unverified photocopies.

C. Defects in Procedural Compliance

1. Delay not explained or condonation application missing — limitation period expired.
2. Non-compliance with statutory or rule-based preconditions — e.g., absence of representation before authority in writs.
3. Improper jurisdiction invoked — filed under wrong Article (226/227) or bench type (Single/Division).
4. Incomplete or unclear prayer clause — reliefs not properly specified.

D. Defects in Formatting / Technical Issues

1. Non-adherence to prescribed format or margins — wrong spacing, missing page numbers, or improper layout.
2. Improper binding or pagination — annexures not sequential or loosely attached.
3. E-filing issues — PDFs not text-searchable, missing digital signatures, or poor scan quality.

E. Miscellaneous Defects

• Cause of action or material facts not clearly stated.
• Missing or incomplete copy of the impugned order/judgment.
• In criminal filings — no certified copy of the order challenged.
• Omission of synopsis, list of dates, or other mandatory enclosures.
• Affidavit missing place and date of execution.
• Addresses for service of parties or advocates not provided.

Registry Process After Detecting Defects

• The Registry issues a Defect Memo (Office Objection).
• Filing advocate must cure defects within a prescribed time (typically 7–15 days).
• If not rectified, the case may be treated as “defective filing” and not listed before the Court.

Pro Tip

Ensure that affidavits, annexures, and verifications strictly adhere to the High Court Rules to avoid objections and delays in case listing.