Defect in e-filing on Supreme Court website
I wish to refile a case with the Hon. Supreme Court of India. I had earlier electronically filed the case but it had certain defects which have already been notified.
These could be the possible reasons for you not being able to e-file the case:
- You have not registered through the "Sign Up" option.
- You are not an Advocate-on Record or petitioner-in-person. Only they can file cases in the Supreme Court of India.
- You have not given your personal details such as Address, contact details, E-mail Id etc.
- You have not clicked the "I agree" button on the Disclaimer page.
Defects associated with the e-filed case are e-mailed to the you by the Supreme Court Registry. May we know what the Registry is saying the defect is? Also, what error/message/text are you getting when you try to file the case?
According to the Supreme Court Rules defective matters are required to be refiled, after removal of the defects, within 28 days from the date of communication of defects. If there is delay, you need to file an application seeking condonation of delay. Perhaps the Refiling option has been deactivated due to the 28 days being over.
The Phone number of the person who has sent you the list of defects (Ms. Meena Sarin) is 23111431. Perhaps informing them about the refiling option not being available to you would be of help. In case they are not able to help you on this, then you might have to either file an application seeking condonation of delay, or re-file in person, or both (this will depend on what the official tells you).
There is a high chance of your delay being pardoned, since it is not your fault that there is a technical glitch in the system. Also, you have 90 days time to correct the defects, according to the letter sent to you by the official. The 28 days deadline only seems to be applicable to electronically re-filing a matter.
 Chapter 4, Clause (vii) of the Supreme Court Handbook, Third edition, 2010. Available at http://supremecourtofindia.nic.in/handbook3rdedition.pdf
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