• The High Court Judge uploaded a wrong order

The Hon’ble High Court has uploaded an order that inaccurately states our counsel was absent during the hearing. This is factually incorrect, as our counsel, my wife, and I were present in court for the entire duration. Despite our presence, both matters—CM and RSA—were not taken up and were skipped without any hearing. When we brought this to the judge’s attention, we were informed that no long hearings such as RSAs would take place that day. However, the uploaded order contradicts this and incorrectly records otherwise, assigning a next hearing date six months later. This has led to a substantial and unjustified delay in our matter. Given that we were the petitioners in the urgent application, our alleged absence on such a critical date is highly improbable. This raises serious concerns, especially considering the possibility of bias or external influence, as the presiding judge or their reader may have some connection with the opposing counsel.
What should we do in this case? Approach the judge (considering summer vacations will be starting soon) or approach Chief Justice or anything else?
Asked 6 months ago in Civil Law

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18 Answers

File a precipe for speaking to minutes of order 

 

When case appears on board on basis of your precipe draw attention of court to fact that your counsel , you and your wife were present in court 

 

court would correct the order passed by it 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

You cannot write directly to CJ 

 

act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

You have to file it with registrar .

 

it is application on your advocate letter head addressed to registrar requesting case be placed on board for speaking to the minutes of order dated x before y judge 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

You have to be brief and to the point 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

If a case listed for hearing in the regular list before a bench of the high court and when the matter has not reached till the time the court concludes that day's hearing, then the rest of the unheard cases will be automatically adjourned on the next date as pronounced by court, your suspicions about bias or external influence are your imaginary thoughts.

It is a normal practice to adjourn the matter when it is not reaching despite brought into the regular list , you can ask your advocate to approach the registrar to bring it on the earliest list 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Your letter or correspondence would not be entertained by chief justice because it is a routine practice hence when the matter is adjourned to the net date you may have to wait for the next date of hearing. 

However when a matter posted for hearing on a long date before a High Court bench can potentially be advanced by filing an application. 

This usually involves a request to the court to consider the case earlier than the scheduled date, typically due to urgency or other compelling reasons. 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

A praecipe is a a formal written request or application to the court, often used to expedite the hearing of a case or for other procedural matters.

The praecipes are used for various purposes, including seeking urgent ad-interim reliefs or placing a matter for early listing. .

A litigant typically needs to demonstrate to the court that there is urgency in the matter to justify giving precedence to their case over others. 

An advocate usually prepares a praecipe (often a single-page document) and submits it to the judge to whom the case has been assigned. 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

You can immediately circulate the matter on the above ground for ealier date of hearing and if same is denied you approach the Cheif justice. You can also approach the vacation court if there is any urgency 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Delete following para 

 

n inquiry, we were informed the matters would not be heard due to time constraints.

After this, our counsel also requested a short date in July 2025, which is not reflected. Instead, the order sets a date after six months, resulting in undue delay.

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

 

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

You can ask your advocate to file an application  before the registrar  to advance the hearing in the nearest list owing to the urgency or any other compelling reason. 

The court will not entertain your allegations against the high court hence  it will not even respond to your such letters.

 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Your application blaming the court about the incorrect adjudication will not be seen in the right perspective.

Instead you may better  request the advancement of a hearing after a case has been adjourned to a long date, you need to formally request the court to reconsider the hearing date. This typically involves filing an application or motion outlining the reasons for your request and seeking an earlier hearing date. 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

If you suspect foul play or any external influence playing havoc in your case you may make a complaint to the chief justice giving the details with evidences. The Chief Justices of the High Courts are competent to receive complaints against the conduct of High Court Judges, and the complaint would be probed properly 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

If your  concerns are over some possible  malpractice, you may proceed with a   complaint describing the incorrect or fraudulent orders by the bench and explain your concerns over this wrong adjudication on that day and request for suitable remedy. The Chief Justices of the High Courts are competent to receive complaints against the conduct of High Court Judges, and the complaint would be probed properly 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

File precipe  to correct the record at earliest 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

You can complain about the same to CJ if you have enough evidence in circumstances showing deliberate act of the said Judge or his staff 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Dear Sir,

In some circumstances, even if the matter is not taken up by the court and when the court rises, the court - master/reader gives the next date of hearing. This is the practice in most of the high courts of India. You are required to give appearance/names while the next date is given by the court-master/reader. There are also, small boxes kept in court room to give your appearance slip, in come courtroom you have to go appearance online via scanning the code also. If the appearance is not given in any of the above mode (it differs from court room of the same court premises too), then you may be marked as absent despite the fact that you were physically present in the court room. 

In present circumstance of your case, the best possible option is to file an application of early hearing and adhere the process of giving appearnce. Just remind your advocate to do the same in future.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You should file a precipe to the Registrar (Judicial) requesting listing of the matter "for speaking to the minutes" of the 27th May 2025 order. Clearly state that you, your wife, and counsel were present but the matters were not taken up, and the order wrongly records absence.

If not listed soon, you may write a brief representation to the Hon’ble Chief Justice through the Registrar General, focusing only on the factual error and delay.

Avoid any allegations of bias unless supported by solid proof.

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

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