Friday, January 22, 2021
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Curing Defects in E-Filing

By Diksha Rai and Palak Mahajan

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Dear friends,

This is in continuation of our earlier experience shared about the newly introduced E-filing procedure in the Supreme Court. After filing of the Petition, by the present pointers we would like to share our experience about the process of curing of the defects pointed out in these Petitions. We also intend to provide you with a step- wise process for curing the defects for ease and convenience. As this is a new concept and we also have only recently tried the same, this document is limited to the steps we used to cure the defects and may also vary in the event that some other option maybe available or becomes available in the future.

We sincerely hope the information provided helps all the members of the bar.

Following is a step-wise procedure for cure the defects:

  1. The defects pointed out in your Petition would be reflected in the Case Status of your case available on the official website of the Supreme Court.
  2. Login to the E-filing portal on the official website of the Supreme Court with your registered username or password.
  3. On entering the same, the dashboard/home page of E-filing would appear which is as follows:

4. As you can see in the picture above, there is an option that says “History & Re-filing”, however, the same is NOT for curing defects and appears to be an option to reopen the documents filed at the time of the filing of the Petition to edit any documents, if required or to pay any deficit cost.

To cure defects, you have to select the “Additional documents” option reflected in red on the homepage above.

5. On selecting the option for “Additional documents” you will be directed to the following page:

6. After you enter the Diary number, the following page would appear on the screen and there are various drop-down options available of the documents you would want to upload to cure the defects pointed out in your Petition.

As you can see the from the options above, every document can be uploaded in the Additional documents dropdown option. For instance-to upload vakalatnama after there has been a defect pointed out in the same, select the vakalatnama option and upload it. Or, if you want to change some pages of the Petition, select the Petition proforma option and upload the requisite pages.

7. Further, if due to any reason a defect cannot be cured then a letter/undertaking can be provided (similar to the letter/undertaking provided to the Registry in normal course). The signed and scanned letter/undertaking can be uploaded by choosing the “letter” option in the aforementioned dropdown option.

8. Please note that similar to the process of e-filing the documents are to be uploaded only in a PDF format and the maximum size to upload each document in 2MB only. Once the documents are uploaded, the payment made for e-filing i.e., Rs. 6 per page will have to be made after this step too. The Registry will then proceed to cure the defects.

Note:- At this point of time it would be appropriate to add that in the event it is possible to upload the entire Petiton as one PDF (i.e. if the size is 5MB) at the time of the filing of the Petition then the same can be done and the Petition may not have to be broken down into different heads. In our case, as our Petition was unable to be compressed to 5MB, we chose to split the Petition depending upon the drop-down options that were available on the website of the Supreme Court. However, the breakdown of the Petition perhaps will also be of help at the time of the curing of the defects via E-filing.

Also Read: E-Filing Pointers

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